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(영문) 광주지방법원 2013.07.26 2013고정503

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a C low-priced vehicle.

Around 1:50 on December 2, 2012, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument in a manner of inserting it into a drinking measuring instrument on three occasions at around 12:30, around 13:00, and around 13:15, up to 13:15, on the ground that there are sufficient grounds to deem that the Defendant had driven under the influence of alcohol and driving under the influence of alcohol, such as bad drinking, on the ground that there are considerable reasons to recognize that he/she had driven under the influence of alcohol, while driving under the influence of alcohol.

Nevertheless, the defendant did not comply with the request of a police officer for the measurement of alcohol without justifiable grounds by avoiding it by means of "dying alcohol, but not having been driven," which means that "a police officer did not have a driving."

Summary of Evidence

1. Legal statement of the witness D;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Photographs refusing to measure drinking;

1. Application of investigation reports (a summary of drunk driving of a suspect A) Acts and subordinate statutes;

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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;