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(영문) 춘천지방법원 2015.02.05 2014고정526

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 person who drives a rocketing car.

On August 1, 2014, around 05:16, in front of "F in Chuncheon City E", the said vehicle has been stopped.

On the other hand, G K5 vehicle's back part of the G K5 vehicle's back crime was reported that the traffic accident was shocked to the back part of the D rocketing passenger vehicle's vehicle's back crime, and was heard by the witness of the traffic accident, etc., and the defendant's driving is confirmed. Thus, the defendant's driving can be confirmed, and there is considerable reason to regard the defendant as driving of the D EFI or other vehicle's vehicle's driving under the influence of alcohol (05:40) because the defendant was under the influence of alcohol, such as the drinking reaction, and so, the defendant demanded a alcohol measurement to the defendant (05:40) but "I have been under the influence of obstruction of the performance of the performance of the duties, I have been under the jurisdiction of the police officer," and "I have been under the influence of the performance of the duties of the police officer," and "I have been under the control of the driver's acting driving," and I have denied his criminal facts and failed to comply with the request of the police officer for measurement without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the traffic accident report, actual condition survey report, drug map, photograph, statement on the state of the drinking driver, report on detection of the drinking driver, and the results of the crackdown on drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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.