beta
(영문) 인천지방법원 부천지원 2013.07.10 2013고정920

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine not exceeding five million won.

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

Reasons

Punishment of the crime

On May 1, 2013, the Defendant is driving a wing B truck owned by himself while drinking alcohol in the direction of approximately 3 km from the 1041 East-gu, Seocheon-gu to the 202-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu.

The defendant was found to be a slopeD belonging to the C District District District, and there was a reasonable ground to recognize that he/she driven while under the influence of alcohol, such as smelling and smelling red on his/her face, and thus, he/she was required to respond to the alcohol testing by inserting the whole in the breath of the drinking measuring instrument over about 20 minutes.

Nevertheless, the Defendant avoided it in a manner that does not make it difficult for the Defendant to take a drunk test, and did not comply with the request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. The circumstantial report of an employee;

1. A copy of the register of drinking meters; and

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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;