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(영문) 인천지방법원 부천지원 2014.11.13 2014고정1259
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving the B-learning passenger car.

On August 25, 2014, at around 05:35, the front road of the Nowon-gu, Seocheon-gu, Seocheon-gu, Seoul was under the influence of the road from the Do party to the street from the Do party road, and became locked from the driver's seat while waiting for the signal.

After receiving a report that drinking driving is doubtful, the defendant, who was divingd in the driver's seat while being in the site and confirmed by the slope E belonging to the D District of the House of the House of the House of the House of the House of the District of the District of the District of the District of the District of the District of the District of the District of the District of 05:35 (1), 05:45 (2), and 05:55 (3), had reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as drinking, snicking, snicking, snicking, making him/her snick on the face, etc., and making it clear that he/she was under the influence of alcohol.

Nevertheless, the Defendant did not comply with a request of a police officer for taking a drinking test without justifiable grounds in a manner that is likely to lead to confirmation of a drinking driving when he/she complies with a drinking test, and that punishment is not complied with.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to a suspect who refuses to make a notification of the results of drinking driving control, a report on the circumstances of drinking driving, or a report on the circumstances of drinking driving;

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 (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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