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(영문) 전주지방법원 2016.08.23 2016고정472
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 5, 2016, the Defendant, at around 21:05, driven the first-hand car in front of the C cafeteria located in the front of the C cafeteria in the Jeonsan-gu, Seoul Special Metropolitan City, the Defendant, while driving a D body in the front of the C cafeteria, was shocked from the direction of the Defendant’s proceeding to the left-hand part of the FK 7-hand part of the left-hand part of the Defendant’s vehicle, which was driven by E while driving the vehicle on the left-hand side.

Accordingly, a person who was driven under the influence of alcohol, such as smelling the Defendant, smelling on the face of a police station in the front line with the safety of life of the police station in Busan and the G police box, who was called for after having received a report of accident, she was driven by the Defendant.

A reasonable ground exists to determine a person, and was demanded to respond to the measurement of alcohol by inserting four minutes of the drinking measuring instrument four times from around the same day to around 21:55 on the same day.

Nevertheless, the defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and refused it, 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. Statement made by the police for E;

1. A traffic accident report;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, the appearance, uniforms, language, attitudes of the driver at a driving school, a report on whether the driver at a driving school is in danger, and the ledger of the user of a

1. Investigation reports (four-time refusal to measure drinking), and investigation reports;

1. Application of statutes on site photographs;

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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