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(영문) 인천지방법원 부천지원 2015.01.16 2014고단3026
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 04:50 on September 3, 2014, the Defendant was driving a 1km section from the front of the D cafeteria operated by the Defendant in Seocheon-gu, Seocheon-si to the road 910 dong-dong, Jungdong-dong in front of the same Gu to the 910 dong-dong-dong-dong-dong-dong-dong, and the Defendant received 112 report that there was a disturbance of drinking in the above cafeteria operated by the Defendant, and there is a reasonable ground to recognize the Defendant to have been under the influence of alcohol, such as smelling and drinking on the face of drinking, and driving the 04:50 on the same day without complying therewith.

In addition, the Defendant received a request from a policeman to a police officer to a police officer to respond to a drinking test on three occasions in the same day from 05:20 to 05:57 on the same day, but refused it without any justifiable reason and refused to comply with a police officer’s request for a drinking test without justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate;

1. The circumstantial report of an employee;

1. A copy of the usage register of drunks;

1. Related photographs;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (compacting orders, etc. for a suspect's drinking driving);

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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