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(영문) 대구지방법원 포항지원 2018.11.21 2018고정270
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

Defendant

A is a C Mete driver.

On July 6, 2018, the Defendant driven the said vehicle under the influence of alcohol at around 22:50 on July 6, 2018, while driving the vehicle, and received a report from the civil petitioner with the same drinking-free vehicle at the underground parking lot of 55 North-gu, North-gu, and 103 Do-Jin-Jin, and carried out drinking, such as drinking, smelling, and drinking, from the police officer E, who called the Defendant.

Due to a reasonable ground to determine a person, a drinking test was required.

그럼에도 피고인은 1차 (2018. 7. 6. 22:59 경) 2차( 같은 날 23:08 경) 3차( 같은 날 23:18 경) 4차( 같은 날 23:24 경 )에 걸친 측정요구에도 음주 측정기에 입김을 약하게 불어 넣거나 부는 시늉만 하는 등의 방법으로 음주 측정을 거부하였다.

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. Application of Acts and subordinate statutes to report on investigation (to hear statements by a police officer responsible for drinking alcohol measurement);

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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