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(영문) 대전지방법원 서산지원 2019.10.23 2019고정153
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

The defendant is a person who drives a B Kaman car.

At around 22:00 on October 14, 2018, the Defendant, while driving the said vehicle after drinking alcohol in D, which was located in C, was discovered to F, and moved to G in the future, on October 15, 2018, at around 615 Do roads (in the direction of the direction of the party), which was under the 615 Do roads (in the direction of the party), which was located in the management of the high-level area of the party, at around 02:55 on October 15, 2018.

At the time, there is a considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as smelling, in the drafting of the Defendant at the time, and there is a considerable reason to believe that the Defendant was driven under the influence of alcohol, but the Defendant was trying to take a drinking test, but the Defendant’s words “I am on the boom.” On the same day, the Defendant did not comply with it three times from around 02:55 to 03:35 on the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes as follows: A report on the statement of the status of a drinking driver, investigation report (report on the status of a drinking driver), and control manual;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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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