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(영문) 의정부지방법원 2017.06.27 2017고합107
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

The defendant is a person who has driven a C bus.

On December 21, 2016, the Defendant, after drinking an insular beverage, worked at E office located in Namyang-si, Namyang-si, and was voluntarily measured at a drinking measuring machine located in the receiving room, and was under the control of E employees, even though he was under the control of E employees, he operated the bus despite the fact that he was under the control of E employees.

In addition, in accordance with the direction of F, etc. of the police station belonging to the Namyang-si Police Station, which has driven after being reported about 06:21 on the same day, the following day was demanded to comply with the drinking alcohol measurement by inserting the whole in three times around 06:39 around 06:39 on the side of the road located G in Namyang-si, Namyang-si, and 06:59 on the same day.

그럼에도 피고인은 정당한 사유 없이 입김을 부는 시늉만 하며 경찰관의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Each legal statement of witness F, H and I;

1. Report on the circumstances of driving a drinking alcohol, report on the results of regulating driving of drinking alcohol, report on internal investigation (2 visible), report on handling of the case, inquiry into the results of regulating driving of drinking alcohol, investigation report (Analysis of CCTV in a drinking room), and report on recording of records;

1. Recording notes of a recording file;

1. A CD in the back-to-date file file format by a police officer, a CD in the back-to-date vehicle image screen by the victim at the time of the exposure, a CD in the reception room CCTV, a CD, or a recorded CD;

1. Application of Acts and subordinate statutes to photographs, photographs of the recipient's self-measurement, photographs of the recipient's room drinking meters, and photographs by capturing CCTV images in the receipt room;

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. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant again committed the instant crime despite the fact that the Defendant had been punished as a crime of violating the Road Traffic Act (drinking). The Defendant’s denial of the instant crime and did not reflect his mistake is an unfavorable circumstance to the Defendant.

However, it does not seem that specific traffic safety and danger occur due to the driving of the defendant, and the defendant.

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