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(영문) 전주지방법원 정읍지원 2018.10.23 2018고정117
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

The Defendant is the driver of the earth and sand vehicle B.

On May 27, 2018, the Defendant, around 22:30, caused a traffic accident where the upper end of the road, which is facing the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the direction of the road, the upper end of the road, which is set up on the side of the road.

The Defendant was engaged in drinking and driving alcohol, such as being snickly snicked and snickly snickly snickly.

In doubt, D's slope E and Assistant F have a duty to receive a request for a drinking test and to comply with a legitimate police officer's request for a drinking test.

Nevertheless, on May 27, 2018, the Defendant explicitly rejected the police officer’s legitimate drinking measurement at the emergency room of the Sung-Mamo Hospital on May 27, 2018, stating that “I would not measure drinking, I would like to see her woman’s level.”

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs of traffic accidents;

1. A criminal investigation report (related to the situation at the time of dispatch to the scene);

1. Reports on internal investigation (the situation at the time of refusal to measure drinking by a suspect);

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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. It is necessary to strictly punish the crime of refusing to take a drinking test in order to prevent the driving of drinking without considerable potential dangers and to ensure the safety of road traffic by causing many traffic accidents that are practically causing many reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and resulting in serious damage.

The Defendant, while driving under the influence of alcohol, has deserted the vehicle in the opposite direction, caused a traffic accident in which the wheels is placed in front of the farm waterways, and actively stated in its decision that the Defendant is unable to comply with the request for a alcohol test.

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