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(영문) 인천지방법원 부천지원 2012.12.12 2012고정1853

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant: (a) requested a police officer to respond to a drinking test by inserting a drinking measuring instrument three-minutes on the front side of the Plow-si, Seocheon-gu, Seocheon-si, 571, and (b) on the front side of the Pream apartment in front of the Pream apartment in front of the 571, Seocheon-gu, Seocheon-si, and reported a traffic accident, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking in front of the Pream apartment in front of the Pream apartment in front of the Pream apartment in front of the 571, 201, and drinking in the entrance, and

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Investigation report (Report on the status of an employee);

1. The user ledger of the measuring instruments for drinking;

1. Application of field photographs and Acts and subordinate statutes rejecting measurement;

1. Relevant legal provisions and Articles 148-2 subparagraph 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;