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(영문) 대전지방법원 공주지원 2018.02.13 2017고단466
도로교통법위반(음주측정거부)
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

On November 27, 2017, at around 22:15, the Defendant: (a) received a report on driving of a Category D Don-a-car on the front side of the C, which was driven by the Defendant; and (b) controlled the suspicion of driving under the influence of alcohol from F, etc., during the police box of the Gongju Police Station E (UP) called the Defendant.

Defendant 1 has been driving in the same place as to the question of the Inspector F at the same time.

The drinking is called "gradation", and the driver was driven while under the influence of alcohol, such as fluoring snow, fluoring a nature fluoring, face and snow fluoring, and smelling alcohol.

There is a considerable reason to determine the person, who is requested by the FF to take a drinking test, it should not be seen as being subject to the drinking survey.

In the same day, the person did not comply with the measurement of drinking without justifiable reasons, such as the expression of an explicit opinion, that the person refuses to take the measurement of drinking twice at around 22:21 and twice at around 22:35 on the same day and continues to demand the third demand at around 22:40 on the same day.

Accordingly, the defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. An investigation report, a ledger for measuring devices using drinking alcohol, inquiry of the results of crackdown on driving alcohol, notification of the results of crackdown on driving alcohol, a statement of the circumstances of the driver under driving alcohol, and an investigation report (report on the circumstances of the driver under driving alcohol);

1. Application of Acts and subordinate statutes to one on-site photograph, image CD which refuses to comply with a drinking measurement;

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 and 69 (2) of the Criminal Act to attract a workhouse;

1. The Defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order shall be selected by a fine in consideration of the fact that he/she has been convicted of the same kind of offense, but is led to confession and in depth.

There are various circumstances such as the defendant's age, sex, family environment, background of the crime, and circumstances after the crime.

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