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(영문) 전주지방법원 2017.04.18 2017고정118
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person driving a two-wheeled vehicle B, GTS 125 EVO.

On October 21, 2016, the Defendant: (a) driven the above two-wheeled vehicle on the 03:46th day of October, 2016; (b) driven the vehicle under the influence of alcohol, such as drinking alcohol at the Defendant’s entrance, smelling on the face of the police box in the 112th day after having been sent to the emergency room of the previous North Korean Hospital; and (c) driving the vehicle under the influence of alcohol, such as drinking alcohol at the Defendant’s entrance, and snicking on the face.

On October 21, 2016, 205:06 around 05:06 on October 21, 2016, 05:16 on the same day, request for a second alcohol measurement on around 05:16 on the same day, request for a third alcohol measurement on the same day, and request for a third alcohol measurement on around 05:27 on the same day, a police officer did not comply with a police officer’s request for a second alcohol testing without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Reporting on detection of any violation of traffic laws on roads;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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