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(영문) 인천지방법원 2015.01.16 2014고정3449
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

The defendant is a person engaging in driving of a private taxi business vehicle E.

When there are reasonable grounds to recognize that a police officer has driven a motor vehicle, etc. while under the influence of alcohol, he/she may take a breathe test to determine whether the driver is in the influence of alcohol, and in such cases, the driver shall comply with the test

Nevertheless, the Defendant, around June 6, 2014, failed to comply with the first measurement on the street in front of the 142th new stocks between the Souk Jin-jin in Incheon, a non-suk Jin-Jin-ri, and on the same day, failed to comply with the second measurement at around 22:42, and on the same day, failed to comply with the third measurement at around 23:03 on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F, and part of witness G’s legal statement;

1. CCTV images (68 pages of investigation records);

1. Application of Acts and subordinate statutes on non-measurement photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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