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(영문) 대구지방법원 2018.10.04 2018고정894
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person driving B car volume.

On June 7, 2018, the Defendant: (a) on the road front of the D convenience store located in Yongcheon-si C around June 19:00; (b) from the police slope F for a police box affiliated with the Youngcheon Police Station E-gu Police Station, which called up after receiving a report of 112 on vehicle operating expenses; (c) was snicking in the Defendant’s entrance; and (d) was snicked, snicked, snicked, and driven by the Defendant himself.

A person who was driven under the influence of alcohol, such as making a statement and making a drinking at a drinking-free outlet;

There is a reasonable reason to determine the person, and it was demanded from around 19:05 to around 19:22 of the same day to respond to the measurement of drinking on three occasions.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (on-site conditions, etc.);

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

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