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(영문) 전주지방법원 2014.05.02 2013고정1204

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 4, 2013, the Defendant: (a) while driving a e-cub motor vehicle under the influence of alcohol on the road in front of the Nowon-gu Seoul Special Metropolitan City Nowon-gu under the influence of alcohol where it is difficult to identify the blood alcohol content; (b) while driving the e-cub motor vehicle in front of the Nowon-gu Special Metropolitan City, the Defendant was locked at the driver’s seat of the Defendant, who stopped on one lane on the road from a slope G belonging to the F District District District of the Jeonju Special Police Station in the Jeonju Special Metropolitan City Police Station, and was demanded to comply with the alcohol measurement by inserting approximately 30 minutes of alcohol, such as smelling in the face, and snicking in the face.

Nevertheless, the Defendant avoided the so-called breathm that he suffers from a breath of a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a copy of the ledger of use of control field photographs and drinking meters;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;