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(영문) 전주지방법원 2013.08.28 2013고정471
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 28, 2012, the Defendant was a person who drives C Ethmp Motor Vehicle, and was driving the said motor vehicle in front of the Jindong-gu Jindong-gu Seoul Special Metropolitan City on December 28, 2012.

The Defendant received a report on the suspicion of drunk driving and received two motor vehicles parked while flying, in response to the police inspection dispatched by the Defendant. Since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a large amount of smelling, and a lack of body, etc., the Defendant demanded that he comply with the drinking test by inserting three times from 05:10 to 05:36 of the same day, in a manner that he was unable to enter the drinking measuring instruments in the E zone of the police station.

Nevertheless, the Defendant did not comply with the police officer’s above demand for alcohol testing.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of, and photographs about refusal to measure, a drinking driver;

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 crime (the fine imposed by a summary order shall be reduced in consideration of the fact that the defendant has committed a crime committed in this court, and that he has committed a violation against himself);

1. Articles 70 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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