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(영문) 대전지방법원 2016.03.30 2015고정1776
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 20, 2015, the Defendant: (a) was a person who has driven a motor vehicle E-wing vehicle on the three-lanes in front of DMat in Daejeon-gu, Daejeon-gu, Daejeon-gu, with three-lanes; and (b) was under the influence of alcohol, such as drinking, drinking, drinking, drinking, sprinking, sprinking, drinking, and sprinking, and drinking, while under the influence of alcohol.

There is a reasonable reason to determine the person, and it was demanded from the F Superintendent G of the Police Station of the Daejeon East Police Station to respond to the drinking test three times at intervals of about 10 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s request for the measurement of drinking without a justifiable reason by avoiding such resistance, such as “a police officer who did not drive”.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. A survey report on the actual condition, a report on the detection of a driver engaged in the primary business and a report on the circumstances of the driver engaged in primary business;

1. Application of the photographic Acts and subordinate statutes;

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

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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