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(영문) 전주지방법원 군산지원 2019.01.25 2018고단1100
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 28, 2018, the defendant, around 17:33, 2018, driven a vehicle parked in the location while driving a D LA car on the one-lane road in the Cmat in the following city B.

At the time, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the appearance of drinking reaction at a drinking-free season, smelling, and photographing on the face, etc., and upon receiving a report of the above collision, the Defendant was required to respond to the drinking-free test by inserting the whole in a drinking-free measuring instrument belonging to the Yansan Police Station E zone of the Yansan Police Station E zone called into the place.

Nevertheless, the Defendant did not comply with the alcohol alcohol measurement of police officials without justifiable grounds in such a way that the Defendant did not put the breath on three occasions in total at around 17:40 on the same day, around 17:46 on the same day, and around 17:56 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the ledger using sound measuring instruments);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that a police officer who was sent to the police station while driving under influence without any justifiable reason is highly likely to be subject to criticism. However, it is highly likely that the defendant's failure to comply with the request for measurement of drinking alcohol by the police officer who was sent to the police station while driving under influence without any justifiable reason. However, the defendant's violation of the crime, the fact that the defendant was punished by drinking driving in 2002, there was no same criminal records after being punished, the degree of traffic accident was not serious, the degree of traffic accident was not serious, the victim and the victim agreed smoothly

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