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(영문) 대전지방법원 2017.08.25 2017고정899
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 May 2, 2002, the Defendant is a person who has been sentenced to imprisonment for not less than eight months for a violation of road traffic law at the Daejeon District Court on May 2, 2002.

피고인은 2016. 6. 11. 04:23 경 대전 유성구 월드컵대로 275번 길 구암동 소망인 교회 앞 편도 2차로 길에서 B 렉 서스 승용차를 운전하다가 신호 대기에 걸려 정차 중 시동을 켠 채 운전석에서 잠이 들었다.

The Defendant did not start even when a signal change was made, but the driver reported that he was fright under the influence of alcohol, and the police officer belonging to the Daejeon Pungsung Police Station, who was called out, suspected of smelling from the Defendant, drinking alcohol, drinking red alcohol, and demanded the Defendant to respond to the measurement of drinking until 04:57 on the same day, but did not comply with such demand without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report of the driver employed at the main place;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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