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(영문) 춘천지방법원 영월지원 2018.01.16 2017고정103
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

The defendant is a person who has driven an unreported WOW 100C master's motor(s).

On February 26, 2017, at around 16:24, the Defendant driven a private-wheeled motor under the influence of alcohol on the sections of approximately 4.8 km up to the Defendant’s house via the “Nmck” 1043, a gold-ro, 14 in number, 14, 24, 14, 14, 24, 24, 14, 14, 24, 14, 143, 24, 200.

Although there are reasonable grounds to see, it is not possible to respond to the demand of police officers for the measurement of legitimate drinking for about 30 minutes on three occasions.

Summary of Evidence

1. Statement made by the police against D;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of driving at home;

1. Report on the circumstances of driving under the liquor:

1. A criminal investigation report (in relation to on-site situations);

1. A report on investigation, on-site photograph;

1. A report on investigation (in relation to statements of witnesses);

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on investigation;

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. The Defendant and his/her defense counsel’s assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order cannot be deemed lawful. The Defendant and his/her defense counsel cannot be deemed to have requested for the measurement of drinking by the police officer, and even if not based on illegal procedures

As such, the following circumstances are acknowledged based on the evidence duly adopted and investigated by this Court, namely, ① Police Officers called to the site after receiving a report on driving alcohol at around 15:34 on February 26, 2017 and searched for about 50 minutes on the same day while on the same day, and the Defendant was engaged in telephone conversations with the person who reported driving alcohol at around 16:20 on the same day, and the Defendant was allowed to make a measurement of alcohol to the Defendant; ② The person who reported it was the person who reported it was 10 minutes prior to 112 report.

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