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(영문) 광주지방법원 2014.04.24 2014고정320
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

Around 22:35 December 1, 2013, the Defendant was required to comply with the alcohol alcohol measurement by inserting approximately 30 minutes in the foregoing D Zone in Gwangju Northern-gu, the Defendant, while driving a drinking-free car at C in front of Gwangju, while drinking on the road. There are reasonable grounds to recognize the Defendant’s face from the slope E belonging to the D Zone Unit of the Gwangju Northern Police Station, with red, smelling, and drinking, and showing a drinking-free reaction. As such, the Defendant was required to comply with the alcohol measurement by inserting approximately 30 minutes in the foregoing D Zone in Gwangju Northern-gu.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason by avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Control note;

1. Application of Acts and subordinate statutes on measurement-related photographs;

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. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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