(영문) 대구지방법원 김천지원 2017.01.17 2016고정577

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(영문) 대구지방법원 김천지원 2017.01.17 2016고정577

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant is a person who drives a C-type car in violation of the Road Traffic Act (refluence of drinking);

On October 4, 2016, 2016, the Defendant: (a) received a witness’s report and stopped from a police officer called to the Defendant, who was making a drinking on the road front of Gumi-si D; and (b) driven under the influence of alcohol by the Defendant, such as snicking and smelling red on the face of a driver.

There is a reason to set a seal, and despite the fact that the police officer requested the police officer to respond to the measurement of drinking four times from G during the police box located in the Gu and Si/Gu, from 21:56 to 22:30 of the same day, the police officer did not comply with the measurement of drinking without justifiable grounds.

2. On October 4, 2016, the Defendant damaged the public goods by means of damaging the goods used by public offices in a way that would amount to KRW 1,200,00,000 at the market price of Samsung TV, which was installed within the F Station located within the F Station located in Guro-si, Sinsi, for the violation of the Road Traffic Act (e.g., refusal of drinking), and was arrested in the act of violating the Road Traffic Act (e.g., refusal of drinking), at around 23:24, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Police investigation report (the details of the report, the arrest of a flagrant offender, and the refusal of measurement by a suspect);

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs, such as a ledger on the use of a drinking gauge, a video photograph refusing to take measurements (the defendant alleged that the defendant was driving at the time of the crime in this case, but he did not refuse to take a alcohol test, but considering the above evidence presented in G with credibility, including the statement in this Court, it is recognized that the defendant refused to take a alcohol test as stated in the facts charged.

Therefore, we cannot accept the defendant's above assertion.

Application of Statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 of the same Act concerning facts constituting an offense.

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