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(영문) 대구지방법원 2018.12.20 2018고정1000
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On June 18, 2018, around 19:28, the Defendant was parked on the right side in the direction of the proceeding with D-W-W-W-W-W-W-W-W-C-W-W-W-W-W-W-W-W-W-W-W

E E The collisions with E Otoba led to C State and Si expenditure.

At that time, the police box of the Yeongdeungpocheon Police Station, which was dispatched after receiving a report of vision, had a large amount of smells in the defendant's entrance from G during the police box of the Yeongdeungpocheon Police Station, and had a little face with red and drinking.

Defendant, such as horses, was driving in a drunken state;

On the same day, it was demanded to respond to the measurement of drinking in a manner that puts the 19:35 drinking measuring instruments into the divers of drinking on the same day.

Nevertheless, the defendant cannot measure.

When a report was made, why is why it should be measured, and explicitly avoided the measurement of drinking, and the police officer did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Application of the Act and subordinate statutes to a investigative report (faculingCCTV images);

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Articles 70(1) and 69(2) of the Criminal Act (the punishment shall be determined as per the order, taking into consideration the following factors: (a) the Defendant’s age, sex, environment, home circumstances, conditions before and after the commission of the crime: (b) the Defendant’s mistake and reflects his depth while recognizing his/her mistake; and (c) the fact that there is no record of punishment for driving under drinking; and (d) the Defendant’s age

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