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(영문) 광주지방법원 순천지원 2015.10.21 2015고정708

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

The defendant is a driver of a passenger car in C Ecub.

Around 01:40 on September 19, 2012, the Defendant was required to comply with a drinking test by inserting the vehicle into approximately 45 minutes, such as around 01:40 on the same day, and around 01:5 on September 19, 2012, the Defendant was required to comply with a drinking test by inserting the vehicle, which was discovered as a suspected vehicle for drinking, so that the Defendant was able to be found to have driven under the influence of alcohol, such as being sniffed by drinking while driving the said vehicle, and being sniffed by drinking from E, and being snifed by snow.

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

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Report on detection of a suspect in violation of the Road Traffic Act (Refusal of measurement), report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, the ledger of use of a drinking measuring instrument, and photographs; and

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.