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(영문) 대구지방법원 김천지원 2016.11.22 2016고정385
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 driver of a machine tank B.

On April 25, 2015, at around 08:10, the Defendant driven the said car in the state of blood alcohol concentration in approximately 3 km from the front of the restaurant in the Hando Sea State in the Gancheon-si, Kimcheon-si to the Damo parking lot in the same city C.

On April 25, 2015, on the basis of E’s statement that the Defendant reported about 112 that he/she had driven while drinking alcohol, the Defendant was required to comply with the drinking alcohol measurement by inserting the dactical measuring instrument three minutes from around 10:49 on April 25, 2015, on the ground that there are reasonable grounds to deem that the Defendant was driving alcohol.

Nevertheless, the Defendant did not comply with a legitimate police officer’s demand for alcohol measurement, after having parked a vehicle and drinking alcohol, such as E and G, and having not driven a drinking alcohol.” However, the Defendant did not comply with a legitimate police officer’s demand for alcohol measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E (first time);

1. Police investigation report (a) (Attachment of photographs on the surface of a driver's license);

1. Report on internal investigation by the police (limited to attachment to the ledger of use of a measuring instrument for drinking alcohol and report on suspects A drinking and E drinking);

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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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