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(영문) 전주지방법원 군산지원 2018.06.01 2018고정88

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol, smelling on the face of the Defendant from G during the police box belonging to the Yasan Police Station, which was dispatched after being reported to 112 on the road front of the E Medical Center located in Yasan City, at around 21:05, by the Defendant.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting three times between approximately 20 minutes as a drinking measuring instrument.

Nevertheless, the Defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home, report of the situation of the driver at home, and report of the detection of the driver at home;

1. Application of enforcement manual statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.