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(영문) 인천지방법원 부천지원 2018.06.22 2018고정357

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

Punishment of the crime

The Defendant is a person who is engaged in the business of driving the Lone Star Cargo Vehicles in Ireland.

On March 4, 2018, the Defendant contacted a passenger car and freight vehicle parked on the side of the road while driving forward the front road D in the direction of a small sand from the long-distance side of the original city on March 4, 2018.

In the event of a traffic accident report, the border F belonging to the Seocheon-gu Police Station E Zone of the Seocheon-gu Police Station in receipt of a traffic accident report was driven under the influence of alcohol by a defendant while standing at the site and confirming the circumstances of the accident, etc., he/she was driven while he/she was under the influence of alcohol, such as with a large number of seals kept by him/her, rhying, and galkingly

There is a reasonable reason to determine a person, so it is confirmed that the alcohol is reduced, and thus, the defendant was demanded to respond to the measurement of drinking alcohol by inserting about 30 minutes of alcohol into a drinking measuring instrument at the site.

Nevertheless, the Defendant did not comply with a request of a police officer for the measurement of drinking without justifiable grounds in a manner that makes it possible to confirm the driving of drinking alcohol when he/she complies with the measurement of drinking, and prevents him/her from accompanying if his/her license is revoked, so that he/she can promptly put the drinking measuring instrument into the water measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the report on detection of drivers of drinking alcohol, inquiry into the results of crackdown on driving alcohol, report on the circumstances of drivers of drinking alcohol, report on the circumstances of driving alcohol, and the register of users of drinking meters;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Application of CCTVs, black ethyl photographs, vehicles-related Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;