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(영문) 인천지방법원 2013.09.13 2013고정2705

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 01, 2012, at around 12:10, the Defendant was demanded to respond to a drinking test by inserting a drinking measuring instrument for about 30 minutes, such as drinking, smelling, drinking, drinking, drinking, drinking, and walking, while driving a drinking-free vehicle B in front of the Geum-dong 13-15, Nam-gu Incheon Metropolitan City, the Defendant, from a policeman belonging to the Traffic Investigation Department of the Incheon Southern Police Station, on the ground that there is a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, drinking, and walking properly.

Nevertheless, the Defendant refused to comply with a police officer’s demand for sobage measurement without justifiable grounds by evading a drinking measurement while speaking as “a tobacco so that he can be smoked with a large amount of tobacco and a low-level measuring instrument.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to a copy of the usage register of 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.