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(영문) 전주지방법원 2015.11.24 2015고정876
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 3, 2015, at around 01:20, the Defendant stopped the car volume of B new franchise XG owned by himself on the road in front of the first apartment of the 56 Samju-gun, the king-gun, the Seoul Special Self-Governing Province around 01:20, after stopping the car volume of B new franchise XG on the road.

12 Upon receipt of the report, D/C police boxes of the Tonju Police Station confirmed the Defendant who was driven at the driver’s seat, and there was a reasonable ground to recognize that the Defendant was driven under the influence of alcohol, such as smelling and smelling on the face, etc., and requested a breath test by inserting the breath influor.

Nevertheless, the defendant did not comply with the police officer's request for a proper drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A report on investigation;

1. On-site photographs;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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. 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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