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(영문) 창원지방법원 거창지원 2018.07.13 2018고단119
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On April 5, 2018, the Defendant, at around 13:35 around 13:35, Gohap-gun, Dongcheon-gun, Dongcheon-gun, Dongcheon-gun, caused a traffic accident while driving Bcoon-do car in the vicinity of the Gohap-gun City. Upon receipt of a report, the Defendant driven under the influence of alcohol, such as drinking alcohol to the Defendant from D, who was dispatched to the site by the police box of the Gohap Police Station C, who was dispatched to the site, and sprinked red on the face.

인 정할 만한 상당한 이유가 있어 약 11분 동안 총 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하였다.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of traffic accidents and reports on the occurrence of traffic accidents;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

1. On-site photographs;

1. The application of Acts and subordinate statutes to each investigation report (in cases of refusal to measure drinking, submission of explanatory materials about the time of recording photographs of refusal to measure drinking);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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