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(영문) 청주지방법원 2019.05.09 2019고정183
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

The Defendant is a person who drives the Dayde B Trace Cargo Vehicles.

At around 16:00 on January 25, 2019, the Defendant, while driving the above cargo in front of the D process located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, shocked the E-Poter Cargo in the signal atmosphere.

As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a police officer G in the F District of the Cheongju-gu Police Station F District G, and a slope H, in the course of the accident management, by drinking alcohol, and making a red drinking marking as a result of a measurement of drinking alcohol, etc., when the Defendant received a report on the occurrence of a traffic accident and called, the Defendant was demanded by the above police officer to comply with a drinking test four times from 16:45 to 17:01 on the same day, but the Defendant did not comply with the demand of a police officer for a drinking test without justifiable grounds, such as evading a drinking test by drinking, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a manual for control;

1. The application of Acts and subordinate statutes to the notification of the result of crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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