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(영문) 의정부지방법원 고양지원 2013.11.07 2013고정1327

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 19:00 on April 21, 2013, the Defendant is driving a B rocketing car at the rest area as a free zone located in the Sinsan-Eup Si Sinsan-si, Seosan-si.

Although there are reasonable grounds to recognize that a police officer was driven under the influence of alcohol by drinking alcohol, such as smelling, smelling, singinging, etc. of a defendant from D with a police box of the pak Police Station, he/she failed to comply with a police officer's request for a measurement of drinking without justifiable grounds, even though he/she was requested to take a measurement of drinking by inserting three minutes in the form of drinking measuring instrument for about 22 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. Report on the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes to the investigation report (debrising statement by telephone);

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;