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(영문) 인천지방법원 2016.11.16 2016고단5759
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 August 20, 2016, at around 01:05, the Defendant was driving a CL car owned by the Defendant from the Namdong-dong-gu Incheon Metropolitan City B to the front day of the same Gu, and was under the suspicion of drunk driving from the slope E, etc. serving in the D zone.

The Defendant, on the grounds that there exist reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as fluoring off the questions of the said slope E, walking off, unfluoring snow, drinking snow, drinking odor, etc., the Defendant did not comply with the police officer’s measurement four times from 01:06 to 01:46 on the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports, reports on the state of driving, standing and statement, and on-site photographs;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, the selection of fines (in addition to those sentenced to a fine of 300,000 won due to a violation of the Establishment of Local Preliminary Rights Act in around 206, taking into account that there has not

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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