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(영문) 대구지방법원 서부지원 2018.06.19 2018고정187
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 28, 2018, the Defendant driven a body car volume by D while drinking C the front road located in the Sung-gun, Seongbuk-gun, Gyeongbuk-gun around 22:00.

The Defendant, upon receiving a report on the occurrence of a traffic accident, driven a vehicle under the influence of alcohol by a police slope E from a police officer slope E who was called, the Defendant appeared to have a reaction with drinking, sniffing, with red face, and driving a vehicle under the influence of alcohol, such as a light distance with heavy walking.

There are reasonable grounds to determine a person who has received a request for the measurement of alcohol in the manner of inserting the b2:49 on the same day into a measuring instrument, but rejected a request for the second measurement at around 22:56 on the same day, rejected a request for the second measurement at around 22:56 on the same day, and rejected a request for the measurement of alcohol at around 23:04, but did not comply with a request for the measurement of alcohol by a police officer without justifiable grounds, such as not making it possible to put a person into a brealy

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Notice of the results of the crackdown on the driving of drinking, report on the situation of the driver of drinking, inquiry of the results of crackdown on the driving of drinking, and refusal to measure drinking;

1. Application of Acts and subordinate statutes to investigative reports (on the face of a refusal to measure drinking, mobile phone photographing of police officers dispatched to the scene);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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