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(영문) 광주지방법원 2015.01.07 2014고정2252

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives one ton cargo vehicle B.

On October 17, 2014, at around 22:50, the Defendant: (a) driven the said vehicle in the front of the D restaurant in Gwangju Mine-gu, and was demanded to respond to the measurement of drinking by inserting alcohol to the Defendant by inserting alcohol so as to make it difficult for the Defendant to take a drinking-free measuring instrument for about 30 minutes due to drinking reduction from the circumstances of the mine police station traffic safety direction E, etc. where drinking control is conducted.

Nevertheless, the defendant, however, has been revoked when measuring booms, and refused a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on the situation of running a motor vehicle under the influence of alcohol and the statement on the situation of operating a motor vehicle

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense.

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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;