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(영문) 대전지방법원 2017.12.07 2017고정741
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 March 21, 2017, the Defendant was under the influence of alcohol on the Samsung Underground Road located in Samsungdong-gu Samsungdong-gu, Daejeon, Daejeon, and found that “E” as stated in the written indictment of the Daejeon Dong-gu, Daejeon, which was under the influence of alcohol driving, appears to be a clerical error in D, and that the Defendant was under the influence of alcohol due to the influence of alcohol.

Although the Defendant, who is a police official, was requested to comply with the drinking measurement by inserting the drinking measuring machine three times from the same day to the same day, around 01:12, around 01:23, and around 01:35, the Defendant did not comply with it without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness F and D;

1. Notification of the results of regulating the driving of drinking, statement of the situation of the driver of drinking, report on the situation of driving of drinking, and inquiry about the results of regulating the driving of drinking;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (the point of refusing to measure drinking) of the relevant Act;

1. Selection of an alternative fine for punishment;

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act alleged that they were unable to respond to the measurement of physical disorder, such as the pulmonary and hye hye hye hye hye hye hye, etc. at the time of the measurement of drinking. According to each evidence duly adopted and duly examined, D who attempted to measure drinking to the Defendant at the time was 10 minutes after the regulation

The Defendant notified the Defendant of water and conducted a water-related liquid drinking test at one hour after one hour after the date on which the water was put in place. The Defendant refused the first measurement from 1:0 p.m. to 12 p.m.; the second measurement from 1:23 p.m. to 35 p.m.; the third measurement from 1:35 p.m.; and the Defendant in the course of the breath measurement, “The police are large and so the Defendant is in

The chief of the court is two just and far away from his body.

The phrase, “assuming that only gold is measured,” etc.

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