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(영문) 의정부지방법원 고양지원 2013.05.08 2013고단377

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On March 8, 2013, the Defendant was demanded to comply with the drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, snicking, etc., while driving a stowing school in front of the earthtong-gu, Seoyang-gu, Seoyang-gu, Yangyang-gu, under the influence of drinking, and driving a stoved vehicle B under the influence of drinking.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of an employee;

1. Application of Acts and subordinate statutes concerning the denial of measurement;

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

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;