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(영문) 대전지방법원 홍성지원 2014.10.29 2014고정167

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

On February 16, 2014, at around 21:35, the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol by driving the motor vehicle in front of the Jeju National Security Center, while drinking the motor vehicle under the influence of alcohol, and driving the motor vehicle under the influence of alcohol by drinking it, such as smelling the motor vehicle under the influence of alcohol.

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

Summary of Evidence

1. Each police statement made to F, G, and H;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes concerning refusal 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 (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;