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(영문) 인천지방법원 부천지원 2014.02.19 2014고정121
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 6, 2013, the Defendant was demanded to comply with a drinking test by inserting the breath of a drinking measuring instrument over about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, among the 248-7-7 Hacheon-gu, Hacheon-gu, Hacheon-gu, Hacheon-gu, Seoul Police Station, which had been seated on the driver’s seat of the 248-7 Hacheon-dong, while drinking on the 248-7 Hacheon-gu, Hacheon-do.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. On October 6, 2013, the Defendant driven a vehicle B without a driver’s license between the 355-5th and the 248-7nd road of the Yancheon-gu, Seocheon-gu, Seocheon-si and the 355-5th road of the Yancheon-gu, Seocheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of driving without a license, a report on the state of operating without a license, and a report on the state of status of a driver with a driver without a license;

1. Application of the ledger on use of drinking meters, and the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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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