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(영문) 전주지방법원 2016.02.16 2015고정477
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a driver of a passenger car with Cgallon.

On February 15, 2015, the Defendant stopped the said car in front of the E cafeteria located in Seojin-gu, Seojin-gu, Seoul on February 15, 2015, while standing the said car at the center line without any reason.

The defendant snickly smells in the entrance, snicks on the face, snicks, and dnicks, and dnicks.

A person who drives a vehicle under the influence of alcohol, etc.;

There is a reasonable reason to determine a person, and it was demanded to respond to the alcohol testing by G in the breath test of the method of inserting the whole part of the brea Police Station F District belonging to the former police station in the patrol, which was conducted by G.

그럼에도 불구하고 피고인은 같은 날 17:35 경 및 같은 날 17:45 경 위 도로 인근 갓길에서, 같은 날 17:55 경 및 같은 날 18:05 경 덕진 경찰서 F 지구대에서, 각각 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 측정을 회피하여 정당한 이유 없이 위 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

There is a reasonable reason to determine the person, and police officers tried to measure the pulmonary examination, but they did not comply with the measurement for about 30 minutes without good cause.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to each investigation report (as to the case of refusal to affix a seal, pertaining to drinking driving, confirmation of a place of drinking, relation to a person who refuses to take a measurement of drinking, attachment of video images, verification of suspicion of driving under drinking);

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;

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