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(영문) 인천지방법원 2020.02.19 2019고단9574
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 13, 2019, at around 22:52, the Defendant was required to comply with the alcohol alcohol measurement by inserting approximately 17 minutes of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, sniffing, etc. from C belonging to the Seocho Police Station C, which verified the traffic accident that occurred at the above location, and from F, the superintendent of the police station E zone belonging to the same police station, and sniffing, sniffing, etc.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports, reports on the status of running a driving a motor vehicle at home, and investigation reports (to hear statements from the police officer D of the Control Police Officer and the F telephone statement from the police

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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;

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