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(영문) 전주지방법원 2014.07.30 2014고정539

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant driven a leisure car in B. A.

On March 7, 2014, the Defendant driven an aesthetic distance from the French land to the front side of the public apartment of the Jinjin-gu Seoul Special Metropolitan City on March 7, 2014.

위 차량이 도로의 중앙에 전조등을 켠 상태로 피고인이 운전석에 누워서 잠을 자고 있어 통행이 되지 않자 신고가 되어 C 지구대에서 출동하게 되었다.

At the time, the Defendant was arrested in the act of committing a crime in the form of alcohol on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, drinking, and drinking, etc., and was demanded to comply with a drinking test for about 30 minutes from slopeD.

Nevertheless, a police officer did not comply with a police officer's request for a drinking test without good cause.

B. The defendant is in violation of the Road Traffic Act (unlicensed driving).

From the temporary influoral land such as paragraph (1) to the front side of the public apartment 27-No. 7-gil-gu, Seoul Metropolitan City, Seoul Metropolitan City, without a driver's license.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Each photograph;

1. A drinking testing ledger;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;