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(영문) 대전지방법원 2015.10.28 2015고정1272
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

At around 21:00 on July 3, 2015, the Defendant was required to accompany a zone as Franchise, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, drinking, snicking, flue, XG car, and street trees, which were parked at the same time during drinking, from G located in the Daejeon District of the Daejeon Police Station, which was called for an accident investigation, the Defendant was required to accompany the zone as the Defendant, on the ground that there is a considerable reason to recognize that the Defendant driven under the influence of alcohol, such as drinking, drinking, snicking, ginging, and cutting off.

Although the Defendant was requested to comply with a drinking test by inserting approximately 30 minutes in a drinking-free measuring instrument between the circumstances belonging to the said District Transport Survey Team, the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds, even though he was required to comply with a drinking test by inserting approximately 30 minutes in the F District of the Daejeon District Police Station in Seo-gu Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. Application of Acts and subordinate statutes to the traffic accident actual condition survey report, the circumstantial statement of the driver concerned, and the report on detection of the driver concerned;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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