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(영문) 인천지방법원 2014.10.17 2014고정2506

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

The defendant is a person who is engaged in driving a DNA car.

On March 14, 2014, at around 21:45, the Defendant, while drinking alcohol from “Friart” located in Incheon Strengthening Forces E, was under the influence of driving alcohol at the front of the entrance of the fleet “H” in the same military G, the Defendant was under the influence of the charge of drinking alcohol from the slope J, etc., to which he belongs, who is working for the strengthening police station I police station to which he belongs.

Since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as fluoring off the questions of the slopeJ at the place where the Defendant was in control, raising a fluoral self-fluoring on nature, face, etc., fluoring red and smelling on the face, etc., the above J demanded the Defendant to take a breath test, but the Defendant did not comply with the demand for a bluoral

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness J;

1. Application of Acts and subordinate statutes governing field photographs which refuse to measure drinking;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.