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(영문) 청주지방법원 2017.10.19 2017고정409
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 11, 2017, the Defendant driven D mountain pets under the influence of alcohol in front of the Chungcheongbuk-gu C around 00:45 on May 11, 2017.

Secretary F of the Cheongju Police Station E District of the Cheongju Police Station due to reasonable grounds for appointment of a person

5. 11. A request was made to respond to the measurement of alcohol by inserting the 1st measurement at around 00:52 on the same day, the second measurement at around 00:57 on the same day, and the third measurement at around 01:02 on the same day.

Nevertheless, the Defendant refused to take a drinking test by means of refusing to take a drinking test, such as not having to take a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of related Acts and subordinate statutes to photographs;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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