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(영문) 전주지방법원 2015.11.17 2015고정789
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is the driver of the Cunst Motor Vehicle under his own possession.

On June 20, 2015, at around 21:37, the Defendant was required to respond to the measurement of alcohol by inserting approximately 40 minutes a part of the alcohol measuring instrument, such as smelling, smelling, smelling, snicking, snicking, snicking, snicking, snicking, and driving under the influence of alcohol on the face of the Defendant, according to the report of the assault case in front of the Epis in front of the Epis in front of the front city, and reporting that he driven under the influence of alcohol during the investigation of the instant case.

Nevertheless, the defendant refused to take a drinking test, and avoided it, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A H statement;

1. Each report on investigation;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniform, language, and attitude of a drinking driver;

1. Application of Acts and subordinate statutes on drinking cars and photographs refusing to measure;

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. As to the Defendant’s assertion of Article 334(1) of the Criminal Procedure Act, the Defendant asserts that: (a) because the Defendant did not drive under the influence of alcohol but drinks alcohol after driving; and (b) that the Defendant, who is being investigated by a police officer as a separate assault case, demanded a measurement of alcohol without any relation to the case, is illegal to demand a measurement of alcohol without any relation to the case, so even if the Defendant refused to comply with the demand for measurement of alcohol level, it cannot be punished

According to the above evidence, when a police officer was dispatched after receiving a report of a assault case, a witness was identified as a criminal defendant who was under influence of alcohol, and the defendant saw the face with red.

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