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(영문) 춘천지방법원 2016.05.26 2016고정154
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

On February 23, 2016, at around 21:23, 2016, the Defendant driven a D-way road located in Hongcheon-gun C, Hongcheon-do, and while driving a E-mail truck under the influence of alcohol, the Defendant driven the vehicle under the influence of alcohol, such as smelling, smelling, reding, etc. the Defendant from a slope G belonging to the Hongcheon Police Station F of the Hongcheon Police Station, while drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 35 minutes into the divers of drinking.

Nevertheless, the Defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and investigation report (as to refusal of measurement of drinking alcohol)

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning 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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