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(영문) 광주지방법원 2013.09.26 2013고단2971
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

Defendant

A is a driver of a rocketing car.

On July 5, 2013, at around 20:42, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the breath for about 20 minutes during the alcohol test, on the grounds that there are reasonable grounds to recognize that the Defendant driven the said car under the influence of alcohol, such as the Defendant’s eye and walking condition, from the slope E belonging to the Domyang Police Station D, which was called after receiving a report by C, while driving the said car under the influence of drinking on the roads prior to a sobry soup of a sobathr flacing flasing, the Defendant was in compliance with the alcohol test by inserting it into a drinking measuring instrument for about 20 minutes.

Nevertheless, the Defendant avoided the method of not putting the part of a drinking measuring instrument into a breathr, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. C’s self-written statement;

1. Reports on internal investigation (handling circumstances and refusal of measuring and sealing);

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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