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(영문) 대구지방법원 김천지원 2017.06.22 2017고단249 (1)
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

On January 22, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, smelling, drinking on the face, drinking, unbrushing, and drinking, while driving a motor vehicle under the influence of alcohol on the front of the Gu-U.S. state forest management office located in the Gu-U.S. M. 307-2 at a time of 307-2, and receiving a report 112, from D in the circumstances where the Gu-U.S. police station C District was affiliated with the Gu-U.S. police station, and called for 112.

On January 22, 2017, from around 18:15 to around 18:45, a person was required to respond to the measurement of drinking on four occasions by inserting the whole breath of drinking in a district office of the Gu police station C at the Gu and America police station from around 30 minutes to around 30 minutes.

Nevertheless, the Defendant did not put the breath in a breath measuring instrument, but rather avoided it by means of hiding it, etc., and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A ledger using a drinking-water measuring instrument (88371);

1. A report on the detection of a driver at the main place (A), and a statement in the circumstances of the driver at the main place (A);

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, the selection of fines (incompetence, second offense) of the same Act, and the selection of fines;

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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