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(영문) 춘천지방법원 강릉지원 2017.07.20 2017고단565
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 March 14, 2017, the Defendant: (a) was found to have driven a B rocketing motor vehicle while drunkly under the influence of alcohol concentration in the 1km section from the roads in front of the East East Eastern city to the parking lot in the same central market from March 14, 2017; and (b) was driven under the influence of alcohol, such as smelling in the Defendant’s entrance at the time, snicking, making a red light on the face of the same central market.

If there are reasonable grounds to determine a person, on the spot, he/she requested the police officer to comply with a drinking measurement by inserting four times a drinking measuring instrument from D’D on March 14, 2017 to March 23:35 of the same day, even though he/she received a request from D on March 14, 2017 to D on March 22:50 on the same day, whether he/she would see that he/she directly drives the vehicle;

B. A police officer did not comply with a police officer’s request for the measurement of drinking without a justifiable reason by harming the noise of “non-driving” and avoiding the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a report on investigation (such as the attachment, etc. of a reporter's black box or motion picture);

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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