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(영문) 제주지방법원 2020.05.22 2020고단468
도로교통법위반(음주측정거부)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Around 15:30 on August 15, 2019, the Defendant driven a B SP car and moved back at the parking lot adjacent to the entrance of the CSP apartment guard room at the time of Jeju, while causing a traffic accident corresponding to the lower part of the D SP car parked at the later end, the Defendant, while communicating with E, the owner of the said SP car at the said SP car, went through a dialogue with E, which is the owner of the said SPP car, and E went through the said SP car to the FM G-dong at the time of Jeju, which is the Defendant’s domicile.

Therefore, after receiving a report from 112 that "the defendant was able to contact after the driver's fluoring of the vehicle and leaving the fluoring of the vehicle.", the police officer of the Jeju Dong Police Station I District Police Station, who was dispatched to the above apartment No. H, the defendant's residence, and the police officer of the Jeju Police Station I District Police Station, who met the defendant. As a result, the defendant was found to have driven the above fluor vehicle under the influence of alcohol, such as the fluoring in the defendant's entrance, and the statement of the defendant is inconsistent with the defendant about the fluoring process, there is a reasonable reason to believe that the defendant was driving the fluoring vehicle under the influence of alcohol, such as around 16:37, around 16:47, around 16:57, around 16:57.

When the defendant repeats his argument that he drinks in his house, and refuses to take a sobage test, the defendant did not comply with a police officer's request for the measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of E-Written Statements related to Traffic Accidents dated August 15, 2019;

1. Notification of the results of the regulation of drinking driving conducted by police officers, the report on the situation of a drinking driver, the investigation report, the report on the occurrence of a traffic accident, and the entry of each of the following meetings; and

1. Application of each video statute to a scene photograph;

1. Relevant Articles of the Act and Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the crime and the selection of punishment;

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