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(영문) 대전지방법원 홍성지원 2014.04.11 2014고정62
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,500,000.

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

Reasons

Punishment of the crime

At around 21:40 on November 5, 2013, the Defendant: (a) driven a second-class restaurant in front of a second-class restaurant in the Jeju Triju, and was required by the police officer, without justifiable grounds, to respond to the demand of the police officer for the measurement of alcohol by inserting alcohol while under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant driven a second-class motor vehicle under the influence of alcohol, such as smelling, smelling, snicking, snicking, etc. on the face of the Defendant; and (b) the Defendant was required to respond to the demand of the police officer for the measurement of alcohol without justifiable grounds

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. A report on internal investigation (with regard to circumstances of control); and

1. Application of Acts and subordinate statutes to notify results of drinking control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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