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(영문) 대구지방법원 2017.07.12 2017고정557
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a DNA car.

On August 11, 2016, the Defendant: (a) while driving a vehicle in front of the front parking lot No. 108, 3-4, 108, 3-4, 2016, around 20:09, while driving the said vehicle at the stop and driving approximately 30 meters from the point of the accident to the guard room.

The police officer H and police officer I, who received an accident report and sent out, had the victim J left the vehicle after the accident, and had the victim J left the vehicle to the guard room.

At the time, the Defendant was able to dym, rhym, and dym the horses, and dyming, red and symmetric, etc. while under the influence of alcohol.

It was demanded to respond to the measurement of drinking alcohol by voluntarily accompanying the G police box by not later than 23:40 on the same day until 23:40 on the same day.

Nevertheless, there is no fact of driving drinking.

"A police officer did not comply with a police officer's request for a drinking test without good cause by avoiding it."

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made to K in the police statement;

1. A written statement of occurrence of a traffic accident by J;

1. The application of Acts and subordinate statutes, such as a traffic accident report, four photographs of the damaged vehicle at the time of the initial and initial measure, a letter of motion for voluntary accompanying, a report on detection of the driver at the main driver, a report on the situation of the driver at the driving, an inquiry into the results of the crackdown on drinking driving, an investigation report (in respect of the refusal of measurement of drinking), four photographs at the time of refusal of measurement, three photographs at the scene of the accident, three photographs, seven photographs by cutting off the apartment CCTV image, seven photographs by cutting up the damaged vehicle image, 21 photographs by cutting down the damaged vehicle string video of the damaged vehicle, 18 copies of the photographs by cutting down the damaged vehicle string, and a report on internal affairs (the analysis of the string video and the driver's confirmation);

1. Article 148-2 of the Road Traffic Act applicable to the crime and Articles 148-2 and 44-2 (2) of the same Act (a punishment shall be imposed);

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