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(영문) 대구지방법원 경주지원 2018.02.07 2018고정2
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 6, 2017, the Defendant: (a) driven a B’s car under the influence of drinking around 00:57, starting from the street in front of the D cafeteria located in the racing-si; (b) parked the said car in front of the D cafeteria at the racing-si; and (c) went to the house of the Defendant 101.

On July 6, 2017, the Defendant: (a) received a 112 report from the Defendant’s office at around 01:19, stating that “A driver’s vehicle is driving under the influence of alcohol”; and (b) was driven under the influence of alcohol by a police officer, who was a police officer belonging to the Police Station, and called to the site after inquiring the Defendant’s domicile, who is the owner of the said vehicle, and was dispatched to the site by inquiring the Defendant, the owner of the said vehicle, into the domicile of the Defendant; (c) it appears that the operation of the said vehicle was terminated due to breaking the beamss of the said vehicle; and (d) it appears that the Defendant’s d

There is a reasonable reason to determine the person, and there was a demand to respond to the measurement of drinking three times in total between approximately 22 minutes.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to make a statement on the circumstances of a driver in charge of driving alcohol, investigation report, notification of the results of regulating the driving of drinking alcohol, copy of the ledger using a drinking measuring instrument, photographs refusing to measure, and investigation report (report attached to the 112

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. Articles 53 and 55 (1) 6 of the Criminal Act to reduce the amount of punishment (see, e.g., the confession of a defendant and the primary offender);

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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