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(영문) 대구지방법원 2017.08.07 2017고정274
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 September 21, 2016, the Defendant driving a car C 300C around 20:40 on September 21, 2016, resulting in an accident of collision with the G G-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn

Upon receipt of the report that he had caused an accident and escaped, the police officer I of the police box belonging to the police box of the Gyeong Police Station, and the assistant J found the accident vehicle at K to stop and check it at a place less than 100 meters away from K, and the defendant was under the influence of alcohol, as a result of the fact that the defendant was able to breathly and breathly breathly, and so on, that he was under the influence of alcohol, such as breathly and breathly, and so on

There are reasonable grounds to set a seal, voluntarily accompanied by a police box from 21:40 on the same day to 22:00 on the same day, and was demanded to comply with the measurement of drinking alcohol by inserting the whole in a drinking measuring instrument at least three times (21:40 on the same day, 21:50 on the one hand, 21:50 on the one hand, 22:0 on the other, 3 times on the other) from around 21:40 on the same day.

Nevertheless, the defendant is to appoint a lawyer in mind.

”라고 하며 음주측정기에 입김을 부는 시늉만 하는 등의 방법으로 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I, J and L;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, three on-site photographs and medication as at the time of the initial action, a survey report on actual condition, 16 copies of the scene of the accident and photographs of the vehicle involved in the accident, and an investigation report (on-site investigation);

1. Voluntary accompanying report;

1. Notification of the results of regulating the driving of drinking alcohol and the circumstantial report on the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to investigation reports (as to confirmation of drivers of accidents, etc.);

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

1. Article 334(1)1 of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”).

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