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(영문) 의정부지방법원 고양지원 2016.06.16 2016고정396
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 20, 2015, the Defendant: (a) while drinking alcohol at around 22:39, while driving a Brane car at the direction of Seoul and parked on the side side in the front of the valley of the valley, the Defendant, upon receiving a report on the 112 vehicle under the influence of alcohol, was driven under the influence of alcohol by the Defendant, who is a driver, while driving the vehicle, and confirmed that the slopeD belonging to the police box of the Goyangyang Police Station C, which was called after receiving a report on the 112 vehicle under the influence of alcohol, was found and confirmed, and the Defendant, as a driver, driven the vehicle under the influence of alcohol

Since there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting approximately three times the whole in a drinking measuring instrument.

Nevertheless, the Defendant, without good cause, avoided this and did not comply with a police officer’s legitimate demand for alcohol testing.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a written report on the details of crackdown on drinking, notification of the results of crackdown on drinking driving, and application of the said report;

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

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;

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