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(영문) 인천지방법원 2014.11.14 2014고정2666
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 2, 2014, at around 23:57, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 30 minutes from the border C belonging to the Incheon Southern Police Station, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol at the point of regulating the early drinking driving of the Marine Corps, which was 269, at the early drinking of the Marine Corps, at the point of regulating the early drinking driving of the Marine Corps.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣은 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Each legal statement of witness D and C;

1. Application of Acts and subordinate statutes to the main driver, a report on his/her statement on the state of business, and CD (cinematographic images at the time of the musical content measurement);

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 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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