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(영문) 대전지방법원 천안지원 2014.03.28 2014고정138

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

At around 22:50 on November 22, 2013, the Defendant was demanded to comply with a drinking test by inserting approximately 30 minutes of alcohol into a drinking measuring instrument while driving a bro-made car on the street in front of the full-time road located in the Yandong-gu, Yandong-gu, the Defendant, from C of the Yannam Police Station affiliated with the Yannam-dong Police Station, the Defendant, while driving the bro-made car on the street in front of the full-time road located in the Yandong-gu, Yandong-gu, Seoul.

Nevertheless, the defendant continued to see, but did not put the whole in a drinking measuring instrument, etc., and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A brewing driver report, a written statement on the status of a drinking driver, and a ledger of users of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to photographs measuring drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 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.