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(영문) 광주지방법원 2014.08.19 2014고정604

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

On November 4, 2013, at around 04:30, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument three times at intervals of 05:00 from 05:00 to 10 minutes on the same day after he voluntarily driven while driving a motor vehicle, after receiving a report to the effect that he/she driven a motor vehicle while driving a motor vehicle under the influence of alcohol while drinking the motor vehicle, he/she was under the influence of alcohol, such as a slope D belonging to the C District of the chemical Police Station called to the site and a Defendant snicking a smell and snicking on the face of the motor vehicle, etc.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. F's self-written statement;

1. Control note, report on the circumstantial statement of the driver of the driving school, and circumstantial report (whether or not the driver of the driving school is under danger);

1. Application of Acts and subordinate statutes on investigation reporting;

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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).