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(영문) 대구지방법원 서부지원 2018.01.24 2017고단1258
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On January 20, 2017, at around 02:26, the Defendant driven a Fpoter car in the state of alcohol in about 5 km section from the front of the Defendant’s dwelling in the Daegu Western-gu, to the front of the road in front of the Defendant’s dwelling in the Daegu-gu, Seo-gu, the Defendant got the Defendant reported as drinking from G, a taxi engineer, to the front of the Defendant’s dwelling in the Gu.

At around 02:45 on the same day, the Defendant driven a motor vehicle under the influence of alcohol, such as a breathing and breathing on the face of the Defendant, from the police officer I belonging to the H District of the Daegu Police Station and the police officer J belonging to the same police station, who used the motor vehicle under the influence of alcohol.

For about 30 minutes since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the breath of drinking in three times.

Nevertheless, the defendant refused to comply with a police officer's request for alcohol testing without justifiable grounds by neglecting it and neglecting it by entering and leaving the room.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the circumstances of driving at drinking, report on the circumstances of driving at drinking, and inquiry into the results of crackdown on driving at drinking;

1. Application of Acts and subordinate statutes to investigation reports (in respect of refusal of drinking alcohol measurement), reports on violations of road traffic laws, investigation reports (in relation to video booms submitted by a reporter), investigation reports (in relation to the use of a suspect's vehicle), investigation reports (in relation to the investigation of a suspect's vehicle), investigation reports (in relation to on-site reports

1. Relevant Articles 148-2(1)2 and 44(2) of the Road Traffic Act concerning the facts constituting the crime of this case, and the selection of fines (such as the defendant's time to commit the crime of this case, and the first offender, etc.);

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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