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(영문) 대전지방법원 2014.07.18 2014고정784

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 March 10, 2014, at around 22:45, the Defendant: (a) driven a B vehicle under the influence of alcohol at about 30 meters from the alley-gu Esphere pene to the 119-day cultural center in Daejeon Sung-gu, Daejeon; (b) notified the 112 report that he/she was taking a drinking driver; and (c) there are reasonable grounds to recognize that he/she driven a vehicle under the influence of alcohol, such as smelling and sprinking on the face of alcohol, from a police officer traveling at the site, he/she was requested to comply with a drinking test by inserting the 30-minute breath of alcohol in the C district without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. On-site photographs and photographs refusing to measure;

1. Application of Acts and subordinate statutes concerning self-declarations;

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 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;