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(영문) 대전지방법원 공주지원 2021.03.09 2021고단7
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 December 1, 2020, while the Defendant was under the influence of alcohol at around 19:10 on December 1, 2020, the Defendant driven a sports cargo vehicle B, which was driven under the influence of alcohol, by driving a vehicle from the Defendant’s entrance to the 831-round west-ri 831-ri, the Defendant was negligent in operating the steering direction and steering gear at a speed from the west-ri to the west-ri:2m below the left-hand side of the moving direction by failing to properly operate the steering direction and steering gear. Upon receiving a report that the vehicle was omitted in the debate, the Defendant was arrested to D in the situation where the police box C of the Chungcheongnam-ri Police Station in the west-ri, the Defendant called with the 119 rescue unit, and was under the influence of alcohol at the time, such as drinking alcohol and drinking by drinking alcohol.

Although there was a considerable reason to determine the person, the defendant complained of the soft pain, and was sent to the hospital immediately without a drinking test.

On the same day, the Defendant received a request from the F Hospital emergency room located in Daejeon Seo-gu, Daejeon, to comply with the alcohol measurement by inserting the measuring instruments into G belonging to the Chungcheongnam-gu Police Station, and a slope H by inserting the measuring instruments. However, the Defendant was under the influence of alcohol, even though he was required to comply with the alcohol measurement.

"Absing the words of "breath", and avoiding the measurement of drinking in a manner that does not promptly breath the measuring instrument, and notifying the police officer that the measure of drinking can be punished when he/she again refuses the measurement of drinking, and demanding the measurement of drinking."

"..................." and without good cause, police officers did not comply with

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement report on the situation of the driver who is placed in the main oral statement, investigation report (report on the situation of the driver who is placed in the main oral statement), enforcement report, and a copy of the register using the measuring instruments for drinking alcohol to investigate the scene of accident (report on the perusal of

1. Relevant Article of the Act and Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order

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