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(영문) 광주지방법원 2020.04.09 2019고정1233
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On July 6, 2019, at around 01:55, the Defendant: (a) repeatedly deviate from the vehicle under influence of alcohol while driving the vehicle from the C District in the front of the Gwangju Mine District to the Eerc shop in D, and (b) was demanded from the reporter who was aware of, and subsequently driven through, a drunk driving by, abnormal driving, such as leaving the train, etc., to comply with the demand of the Defendant to put the vehicle under influence of alcohol on the front side of the former H building, from the G located in the Gwangju Mine Police Station C District in front of the Gwangju Mine Police Station, who was dispatched to the site after receiving a 112 report to the effect that “A person is taking a drinking driver, is taking a driver, and is taking a driver.”

Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. The circumstantial statement of the employee;

1. 112 Reporting case handling table; and

1. Report on the use register of drinking meters and the results of the drinking driving control;

1. Reporting on detection of the Road Traffic Act (Refusal of measurement) and reporting on the situation of driving under the influence of alcohol;

1. Recording notes;

1. All on-site photographs;

1. Application of Acts and subordinate statutes to criminal investigation reports (report on the circumstances of a police officer's driver), investigation reports (report on police officers' telephone recording and hearing statements);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

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

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