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(영문) 전주지방법원 2015.09.22 2015고정530
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a Craft vehicle.

The Defendant, at around 16:00 on March 28, 2015, while drinking alcohol, driven the said vehicle at approximately 20 meters in front of the Hanyang-gu 15-13 Hanyang-ro, Pungyang-gu, Pungyang-gu, 15-5, the same street from front of the Hanyang-gu, 15-5, the same street to the front of the Hanyang-do.

There are reasonable grounds to recognize that the Defendant and the reporter who was at the above location had driven alcohol while drinking, such as making a large amount of smell and sniffing from F and one other than F in the position of the E District District District District of the Jeonnan Police Station, and making it possible for the Defendant to have driven alcohol at the above location, and making it possible to recognize that the Defendant had driven alcohol at the above location, such as making a sniff and sniffing, 16:28 on March 28, 2015, 16:28 on March 28, 2015, 16:38 on the second day, 16:48 on the third day, and 16:48 on the last day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A copy of the report on detection of the driver from the driver, the report on the circumstances of the driver from the driver from the driving, and the usage register of the measuring instruments;

1. A photograph refusing measurement;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., reflective points);

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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