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(영문) 대구지방법원 김천지원 2018.04.24 2018고정73
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 is engaged in driving of Bone Star Co., Ltd.

On April 27, 2017, at around 23:10, the Defendant: (a) driven the said vehicle on his pro-friendly E prior to the “D” gate in Seopopo City C; (b) operated the said vehicle, and (c) operated the said vehicle at around 23:20 on the same day to “G convenience store” located in Seopo City F, Seopo City, and arrived at the place.

In doing so, the patrol officers of the Seopopo Police Station shall receive reports on the time of assault between the defendant's pro-friendly E and the workers of the convenience store in the place of the police station to the scene. He, who was the convenience store worker after moving to the patrol box for the relevant investigation, was driven by the defendant.

Since it is called "drawing control", the defendant tried to drive alcohol, and the defendant was aware of driving alcohol.

Therefore, the police officer was driving a police officer in the state of drinking by the defendant, such as the situation where the defendant was at the influence of drinking, and the red signal was given to him.

On April 28, 2017, at around 00:12 on April 28, 2017, the defendant demanded that the defendant respond to the measurement of drinking by putting the breath in the breath in the breath inc

However, the Defendant refused to conduct a measurement in such a way that the Defendant spits spits or spits spits, without inserting the breath of water into the water in a normal form, and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds, even around 00:21 and around 00:35 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification, etc. of the results of regulating drinking driving, such as a report on detection of drivers;

1. Application of relevant photographs and video CD-related Acts and subordinate statutes to which a suspect refuses to measure drinking;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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