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(영문) 대구지방법원 포항지원 2017.12.06 2017고정438
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle with turged motor vehicle from B.

While under the influence of alcohol on August 5, 2017 at around 04:18, the Defendant driven the vehicle under the influence of alcohol, such as making a traffic accident caused by signals, etc., while driving from the one-time bathing beach in the north-dong, Nowon-gu, Nowon-gu, Nowon-gu, to the front of the Saemaul Bank in the north-dong, west-dong, Dong-dong, the Defendant driven the vehicle under the influence of alcohol, such as drinking at a drinking-free season from CWD during the influence of alcohol.

There are reasonable grounds for recognition, and it was demanded from 04:42 to 04:57 on the same day to respond to the alcohol testing four times between 15 minutes.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A traffic accident report;

1. Application of Acts and subordinate statutes on investigation reporting;

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. 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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