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(영문) 대구지방법원 2017.03.30 2017고단341
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 4, 2017, at around 17:51, the Defendant was under the influence of alcohol in front of the “C Jeong-gu Seoul Central District Department” located in B, and a traffic accident was occurred, and the Defendant was under the influence of alcohol, such as drinking, smelling, face, red, and a breath while under the influence of alcohol in front of the “C Jong-gu Central District Department” located in Daegu Central District.

Since there are reasonable grounds to determine a seal, it was demanded to respond to the measurement of drinking by inserting approximately 37 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with the foregoing police officer’s measurement of drinking, and subsequently avoided the measurement of drinking in such a way as not to put the wind on a drinking measuring instrument and to cut the wind on several occasions.

As above, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the circumstances of drivers who take driving and notify the results of regulating drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act, the selection of fines (the fact that the defendant's last driving force of drinking was past seven years of time in seven years of time in time, and the defendant appears to repent his mistake, etc.);

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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