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(영문) 대구지방법원 의성지원 2018.08.23 2018고정33
도로교통법위반(음주측정거부)등
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

1. On March 27, 2018, the Defendant: (a) committed a traffic accident under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, drinking, etc., by C from the police station in the Gyeong-nam Police Station in the Republic of Korea, which arrives at the site at around 02:31 on the same day on the same day.

There is a reasonable reason to determine the person, and it was demanded to respond to the measurement of drinking in a way that puts the person into a fluor and a drinking measuring instrument.

Nevertheless, the Defendant failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds by avoiding his/her repeated words that “I will not measure drinking,” and attempting to leave the scene, etc.

2. On March 27, 2018, the Defendant violated the Road Traffic Act at the same place, such as around 02:10, the Defendant destroyed the part front of the said vehicle, which caused the damage of KRW 372,90,00 for repair costs, by driving a motor vehicle with drinking alcohol, such as the foregoing paragraph 1, by neglecting the electric steering engine, neglecting the electric steering engine, and failing to operate the steering gear properly.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of a traffic accident situation report, a report on actual condition, a survey report, a field map, a field photograph, a suspect's refusal to measure drinking, etc., notification of the results of regulating drinking driving, an investigation report, and a written estimate;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 151 of the Road Traffic Act (a point of destroying goods on duty and on duty), and Article 152 of the Road Traffic Act (a point of destroying goods) shall be punished by fines, respectively;

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