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(영문) 대구지방법원 2017.12.15 2017고정1933
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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On August 19, 2017, the Defendant driven the foregoing cargo vehicle under the influence of alcohol, such as smelling the Defendant at the Defendant’s entrance in relation to the fact that the Defendant driven the drinking on the road in front of the office at the treatment construction site office located in Yongcheon-si, Yongcheon-si, Yongcheon-si, Gyeongcheon-si, in around 14:00.

In a case where there are reasonable grounds to determine a person, the police officer did not comply with a police officer’s request for measurement of drinking without justifiable grounds, even though he/she was requested to comply with the alcohol measurement by inserting approximately four minutes for about 14:0 to 14:30 minutes of the same day from the slope E belonging to the police box, by inserting the 30 minutes of the same day into a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a report on detection of a suspected person committing a violation of the Traffic Act (drinking driving), a report on the circumstances of the driver under driving on the road, a report on investigation (report on the circumstances of the driver under driving on the vehicle under the influence of alcohol), a report on the driving under the influence of alcohol, a report on the circumstances of the driver under the influence

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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