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(영문) 대전지방법원 2018.09.06 2018고단2218
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 1, 2018, the Defendant driven a motor vehicle under the influence of alcohol on the Seo-gu, Daejeon Special Metropolitan City D, Seo-gu, Daejeon Special Metropolitan City Police Station F affiliated with the Daejeon Special Metropolitan City Police Station F, where he was driving a motor vehicle under the influence of alcohol, such as drinking alcohol and smelling it on the face, etc.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

However, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as when he saw the above demand during a drinking measuring instrument and sees another place.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The actual investigation report on traffic accidents;

1. Photographs related to accidents;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense, the choice of a fine for negligence;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the same as the punishment of a fine for drinking in 2011 for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the liability for the crime is not easy, such as: (a) the driving of drinking is the cause of an accident that shocks the hacker column adjacent to the telegraph; and (b) the refusal of the request for

However, although the police refused to take a measurement while denying drinking facts, the fact that the police investigation later recognized the mistake in the police investigation, the fact that there is no criminal record once or more times of fine, and other sentencing data recorded in the records, such as the defendant's age, sex, environment, occupation, etc., shall be determined as the sentence as ordered.

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