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(영문) 대전지방법원 공주지원 2017.09.15 2017고정52
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 23, 2017, the Defendant driven a D cargo vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from E in the situation where the official police station belongs, while driving the D cargo vehicle under the influence of alcohol on the front of the C, around 22:58 on April 23, 2017.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 40 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating the driving of drinking alcohol, report on the situation of the driver of drinking alcohol, investigation report, the details of enforcement, and the register of the driver of drinking measuring instruments;

1. Application of statutes on site photographs;

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. Reduction of amount under Article 53 or 55 (1) 6 of the Criminal Act (the reduction shall be made in consideration of family circumstances, such as the fact that the defendant is a recipient of basic living and is supporting disabled children);

1. Articles 70 and 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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