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(영문) 의정부지방법원 2014.07.24 2014고정1274

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

On November 4, 2013, at around 09:44, the Defendant was required to comply with the drinking test by inserting the breathm vehicle into a drinking measuring instrument for about 30 minutes from slope E in the D Zone of the Dong Doducheon Police Station, on the ground that there is considerable reason to recognize the Defendant to have driven a bream vehicle under the influence of drinking, such as drinking and drinking in front of the site of new construction works located in 726-5 located in the same 726-5, and not accurate.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Report on the circumstantial statement of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

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. Articles 70 (1) 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;