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(영문) 의정부지방법원 2018.08.29 2018고정953

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 March 15, 2018, at around 23:42, the Defendant was required to conduct the first measurement on March 16, 2018, on the ground that the automobile operated by the Defendant was returned to the scene on the road in front of the Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do, Police Station Emba, which was called to the site on the ground that the automobile operated by the Defendant was moved to the side of the road, and was smelled from the Defendant from the slope F of the Gyeonggi-do, Police Station Emba, which was called to the site on the road, and was snicked from the Defendant, and was snicked into the Defendant’s face, and the state of walked and walked. On March 16, 2018, the Defendant refused to undergo the second measurement on around 0:33 occasions, such as receiving the second measurement on around 00:38, the demand for the second measurement on drinking, but failed to comply with the alcohol measurement, and refused to undergo the second measurement on around 0:59.

As a result, the Defendant driven a car while under influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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