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(영문) 대전지방법원 천안지원 2016.08.26 2016고단980
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On June 10, 2016, the Defendant driven a D taxi with drinking alcohol in front of the livestock industry C in Asan City B at around 15:45 on June 10, 2016 and proceeded to the port from the right side while driving to the intersection.

After having received the F-learning Motor Vehicle at the site, the motor vehicle was driven under the influence of alcohol, such as a sniffly smelling, smelling to the defendant from the G District H belonging to the G District of the Asia Police Station, which was called to the site, in an incorrect and inaccurate face, setting a red light on the face, and a string distance when walking.

There are reasonable grounds to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

Nevertheless, the Defendant, without any justifiable reason, avoided by inserting the breathm in a breathm measuring instrument, and did not comply with a police officer’s request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of crackdown on drinking driving, notification of the results of crackdown on drinking control, report on the situation of the driver of drinking, and register of the user of drinking measuring instruments;

1. Application of each statute on photographs;

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. Consideration, including the fact that there exists a record of driving alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (2005), the fact that it is a crime during the period of suspended execution, and the fact that it misleads a mistake and reflects it;

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