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(영문) 대전지방법원 천안지원 2014.05.09 2014고정184

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

Criminal facts

On November 30, 2013, the Defendant was required to respond to a drinking test by inserting approximately 30 minutes in a drinking measuring instrument while driving Drata car owned by the Defendant on the street in front of the Dong-gu, Yannam-gu, Yandong Police Station, Yanananannam-gu, Seoul, on November 30, 2013, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol to the Defendant from the slope belonging to the Yanannam-dong Police Station, making a red belt on the face, etc.

Nevertheless, the defendant continued to see, but did not put the whole in a drinking measuring instrument, etc., and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Control note;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and 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;