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(영문) 인천지방법원 부천지원 2018.09.07 2018고정456

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 April 7, 2018, the Defendant: (a) confirmed that the Defendant driven a EXE car after 2-3 meters in the parking lot before Kimpo-si, Kimpo-si, “D” food in Kimpo-si, Kimpo-si; (b) thereby, the Defendant driven a vehicle while the Defendant was driving a EXE car in the state of drinking.

There is a reasonable reason to determine a person, and there was a demand to respond to the measurement of drinking in a manner that puts the person into a drinking measuring instrument over about 15 minutes.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of survey and the occurrence of a traffic accident;

1. Statement report on the circumstances of the driver who is to take the driving, investigation report (report on the circumstances of the driver who is to take the driving), and report the results of regulating drinking driving

1. Efagating CCTV images;

1. Application of Acts and subordinate statutes to investigation reports (victim G telephone conversations) and investigation reports (in cases of refusal to measure drinking alcohol, with respect to such refusal);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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;