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(영문) 인천지방법원 2014.09.12 2014고정2534

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 May 18, 2014, at around 15:15, the Defendant was required to take a drinking test by inserting alcohol in the Incheon Southern East Police Station at around 668 (Gu Dong Dongdong), and the Defendant was required to take a drinking test by inserting alcohol in the way that the Defendant was influoring the alcohol in the direction of the above Gohap while driving the BKan-1 in front of the 20th 77-1, southdong-gu, Incheon, at around 15, 2014, while driving the knife at the direction of the above knife while driving the knife in front of the above knife on the knife at around the right part of the knife while driving the knife in front of the above knife while driving the knife at around 40 minutes.

Nevertheless, the defendant did not comply with the above police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes governing traffic accident reports, actual condition investigation reports, reports on detection of drinking drivers, reports on the circumstantial statements of drinking drivers, rejection of measurement of drinking, photographs of accident vehicles and photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the fact that the defendant had been already punished twice due to drunk driving under Article 334(1) of the Criminal Procedure Act of the provisional payment order.