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(영문) 인천지방법원 2019.08.22 2019고단4058
도로교통법위반(음주측정거부)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a B-si car.

On February 26, 2019, at around 08:39, in the front of Michuhol-gu Incheon Metropolitan City, the Defendant: (a) there are reasonable grounds to recognize that the captain of the DNA Team of the Incheon Michuhol-gu Police Station D Team E, which was dispatched after receiving a report of an escape vehicle, was driving the said taxi while drunk; and (b) the Defendant was demanded to comply with a police officer’s demand for a lawful drinking test by inserting four minutes of alcohol measuring instruments for about 17 minutes from around 10:57 of the same day to around 11:14 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Report on internal investigation (referring to a case of a suspected suspect, a case of refusal to measure a certain person and a drinking, and a case of a black box for a suspected vehicle);

1. Application of the Acts and subordinate statutes to booms of damaged vehicles and booms of suspected vehicles;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)2 and 44(2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 14, 2018); the choice of fines (it refers to a person who has a criminal record of multiple times and commits a crime during the period of suspended execution; however, it appears that the criminal defendant committed a crime during the period of suspended execution; it is not during the period of suspended execution due to the same kind of crime; it is not during the period of suspended execution; and it is the most recent criminal record of drunk driving after the lapse of 2006).

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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