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(영문) 광주지방법원 2012.12.18 2012고합1000
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 17, 2012, around 01:30 on June 17, 2012, the Defendant: (a) received a report from F to the Gwangju Dong Police Station located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong Police Stationing the CF while drinking at the CF hotel hotel-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

At around 02:18 on the same day, the Defendant was demanded by the police station in the same Dongbu Police Station to respond to the measurement of alcohol by inserting approximately 20 minutes in a breath of alcohol in a breathous manner, for there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling alcohol to the Defendant from G around the police station belonging to the same Dongbu Police Station and sn

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on circumstantial statements and investigation reports (the details of receipt and the process of non-measurement of drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Taking into account the selection of fines, the selection of fines, the same kind of criminal records and the reflection thereof, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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