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(영문) 광주지방법원 목포지원 2017.08.08 2017고정286
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On March 23, 2017, the Defendant driven a B-car under the influence of alcohol, such as drinking alcohol to the Defendant, while driving a vehicle under the influence of alcohol, while drinking in the direction of an Eup located in the direction of a river in front of a shooting distance of 1391-1, the head of Si/Gu, Yong-gun, Young-gun, Young-gun, Seoul, the Seoul Metropolitan City Green-ro, which was around 21:30 on March 23, 2017, after receiving a report of 112 on the back part of the bus that was in the front signal at the time, the Defendant driven a vehicle under the influence of alcohol, such as drinking alcohol to the Defendant.

Due to reasonable grounds, there was a demand for responding to the measurement of alcohol by inserting four times in a drinking measuring instrument for about one hour.

Nevertheless, the defendant did not have driven a vehicle by fraud, and 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. Statement made by the police for E;

1. A report on internal investigation;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. Application of Acts and subordinate statutes governing measurement demand photographs;

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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