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(영문) 대전지방법원 2020.03.25 2019고정1254
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On July 15, 2018, the Defendant was demanded to respond to a drinking test by inserting alcohol into a drinking measuring instrument for about 16 minutes, on the grounds that there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as smelling and smelling on the face, while driving a DNA DNA DINK motor bicycle in front of the Daejeon-dong Hospital C Hospital, located in Daejeon-gu, Daejeon, with drinking alcohol at the intersection.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하다가 경장 E에게 팔을 휘두르며 “법대로 해라.”라고 말하면서 음주측정을 거부하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. Report on the occurrence of a traffic accident;

1. Making a report on the control of drinking driving;

1. A written report from an employee of an employer;

1. Statement in the circumstances of an employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 148-2 (1) 2 and Article 44(2) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) 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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