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(영문) 광주지방법원 목포지원 2018.07.19 2018고정14
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 6, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as driving on the street of the coastal highway in the parallel of Pyeongtaek-gun, the Defendant, upon receiving a report from 112, to the effect that the Defendant fladdying and cutting down the flacing truck under the influence of drinking at the time of drinking, and driving the motor vehicle under the influence of alcohol, such as the guard of the National Police Agency for the North Korean National Police Agency prior to the dispatch to the site, and flacing and flacing by o on the bridges belonging to the NJ.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that contains approximately 18 minutes in a drinking measuring instrument three times between 18 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of P, Q,O, and R;

1. Some statements made against the defendant during the police interrogation protocol;

1. A traffic accident investigation report and an accident scene photograph;

1. A statement of reference witnesses of P;

1. Notice of the result of crackdown on driving drinking;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (the circumstantial report of the driver at the main place of business);

1. Investigation report (related to on-site conditions, details of control, etc.);

1. Examination of evidence and photographs refusing to measure drinking, and the results of crackdown on driving drinking, and written estimates;

1. Application of Acts and subordinate statutes to factual inquiries into the branch offices of the Korea Road Corporation;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the fact that the Defendant, who had been punished for driving of alcohol and refusing to measure for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime again, and the Defendant, who did not object to the mistake, has filed an action that makes it difficult to obtain it difficult to do so, it seems that a serious punishment is necessary. However, there are some circumstances that can be taken into account in the process of the instant crime and the process of detection.

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