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(영문) 춘천지방법원 원주지원 2016.05.04 2016고정146

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 10, 2015, the Defendant driven a vehicle under the influence of alcohol by driving approximately 500 meters at a distance of about 69 meters from a comprehensive sports park parking lot located within a 00:20 square meters at the seat of the Gangseo-gun, to the front of the road in front of the day, in a range of about 69 meters from a comprehensive sports park parking lot located within the jurisdiction of the Gangseo-gun, which is located within the direction of the Gangseo-gun, while drinking alcohol, while driving a vehicle of approximately 50 meters from a string range to the front of the road, while driving a vehicle of Category B after drinking alcohol, which caused a traffic accident, from D, who is in the position of the police box of the Crossing Police Station C in the direction of the Defendant’s entrance, and

There are reasonable grounds to determine a seal, and from around 00:57 on the same day to around 01:30 on the same day, it was demanded to respond to the measurement of alcohol by inserting the whole influence of a drinking measuring instrument three times in total.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;