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(영문) 대구지방법원 김천지원 2017.12.19 2017고정552
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 August 29, 2017, at around 01:50, the Defendant, while driving B Lone Star car under the influence of alcohol on the front 17-gil 10, Guro-si, Mai-si, at around 17:10, while receiving a report from the Center for CCTV Control that a person suspected of driving alcohol was at the site and called to the site, driven the above passenger car under the influence of alcohol, such as a drunk distance.

There is a reasonable reason to determine the person, and even after being requested to take a drinking test three times between about 30 minutes, the police officer did not comply with a police officer's request for a drinking test without a justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. The ledger using the measuring instruments for drinking;

1. Application of the Acts and subordinate statutes on refusal to measure, photographs, and backups;

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) of the Criminal Procedure Act concerning the order of provisional payment;

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