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(영문) 인천지방법원 부천지원 2014.12.19 2014고정1470

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 11, 2014, the Defendant was demanded to comply with the drinking test by inserting the drinking measuring instrument three minutes and inserting it into a drinking measuring instrument three-minutes, such as smelling and smelling on the face, while driving a B fishing code car in front of the New Hospital at the time of drinking, around 20:50, while driving the road before the Gyeonggi-si Kimpo-si Kimpo-si, Kimpo-si, 3:283, in a state of drinking.

그럼에도 피고인은 음주측정기 불대를 손으로 치고, 불대를 입에 물지 아니한 채 바람만 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Related photographs;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

1. The indictment under Article 148-2(1)2 and Article 44(2) of the Road Traffic Act concerning criminal facts is stated as “Article 44(1) of the Road Traffic Act,” but it appears to be simple and misleading, and it appears that there is no disadvantage in guaranteeing the defendant’s actual right of defense, and thus, it shall be corrected ex officio.

(Selection of Fine)

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;