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(영문) 대전지방법원 공주지원 2017.09.12 2017고정57
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 22, 2017, the Defendant driven a motor device under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol, from G, while driving a motor device under the influence of alcohol on the front of D, which is located in C at the time of public drinking on the front of D on March 2, 2017, the Defendant driven a motor device under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol.

인 정할 만한 상당한 이유가 있어 약 30 분간에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도, 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Report on the occurrence of a traffic accident, report of a traffic accident (1), notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, report processing of 112 case, and ledger of the use of a drinking measuring instrument;

1. On-site photographs and field photographs related to the refusal to measure drinking (a defendant and his/her defense counsel asserts that the defendant has no fact of refusing to comply with a police officer's request for measurement of drinking, but according to the witness G's legal statement and field photographs related to refusal to measure drinking, the above facts charged can be sufficiently recognized);

Application of Statutes

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. Reduction of weight under Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act)

1. Articles 70 and 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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