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(영문) 대구지방법원 김천지원 2017.12.21 2017고정505
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

On August 25, 2017, the Defendant driven the said car under the influence of alcohol by driving the KBS S S S S S S-ray prior to the Gu-Si, Sinsi-si, under the influence of under the influence of alcohol concentration in blood, while driving the BNS-type car while waiting for signal while under the influence of alcohol concentration. Upon receipt of the report, the Defendant driven the said car under the influence of alcohol, such as the Defendant’s vehicle under the influence of alcohol by drinking alcohol in the Defendant’s body from the Gu-U.S. Police Station Assistant C, which was called upon the receipt of the report.

There are reasonable grounds to determine the person, and even if the police officer received a demand for the measurement of drinking on three occasions from around 02:00 to 02:21 on the same day, the police officer did not comply with the demand for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs by capturing a statement on the situation of a driver in the main place, investigation report (report on the situation of a driver in the main place), copy of the usage register of a drinking measuring instrument, output of data using a drinking measuring instrument, and capturing a screen image which has refused 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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