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(영문) 인천지방법원 부천지원 2013.03.13 2013고정112

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

At around 02:00 on September 28, 2012, the Defendant driven a motor vehicle in the state of alcohol at approximately 2 km section from the front of the original-presidential Hospital, 230-17, Yacheon-gu, Yacheon-gu, Yacheon-gu to the front road of the Yacheon-gu, Yacheon-gu, 361-8, Yacheon-gu, Yacheon-gu, Yacheon-gu, Yacheon-gu, and stopped the vehicle to purchase tobacco on the front road of the Yacheon-gu.

A reporter C filed a report to the police on the ground that the vehicle stopped by the Defendant by a taxi driver was obstructed by traffic, and reported to the police. A person other than the slope E belonging to the Seocheon-gu Police Station D police station, which called to the site was confirmed by the Defendant. On the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as fluence of the traffic condition, fluence of pedestrian age, fluence and face, and fluence of alcohol, and fluence of alcohol, etc., he was demanded to comply with the alcohol measurement by inserting approximately 30 minutes of alcohol measuring instruments.

그럼에도 피고인은 음주측정기에 입김을 살짝 불어넣는 시늉만 하는 등 완강히 거부하여 정당한 이유 없이 경찰공무원의 음주측정요구에 거부하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Statement in the circumstances of an employee;

1. Application of Acts and subordinate statutes to photographs refusing to measure 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;