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(영문) 광주지방법원 2015.06.09 2015고정755

도로교통법위반(음주측정거부)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16093, Jan. 1,

Reasons

Punishment of the crime

On April 2, 2015, at around 21:35, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol and smoking on the face, while driving a DDap car in a flash condition of drinking in the flag of the C convenience store located in Gwangju Northern-gu, Gwangju, and making a report, and making it possible to recognize that he was driving under the influence of alcohol from the slopeF affiliated with the flag of the Gwangju Northern Police Station E zone, which was called after receiving the report.

Nevertheless, the defendant continued to avoid a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The application of the circumstantial statements of a drinking driver, copies of the usage register of a drinking measuring instrument, and statutes on site photographs;

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 (1) 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;