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(영문) 의정부지방법원 2014.04.24 2014고정666

도로교통법위반(음주측정거부)

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Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 29, 2013, the Defendant was required to respond to the measurement of alcohol by inserting the alcohol measuring instruments over about 30 minutes, on the grounds that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as drinking, smelling, smelling, snife, booming, booming a 112-4, while driving the 450-4 vehicle on the roads of Yangju-dong 450-4, Yangju-si, which was called after being reported 112, while driving the 112 vehicle under the influence of alcohol.

Nevertheless, the Defendant rejected it in full and rejected a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of an employee;

1. A report on detection of a host driver;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;