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(영문) 인천지방법원 2016.09.09 2016고정1774
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, around 00:00 on April 21, 2016, while drinking alcohol from the front of the “F” of the building in Jung-gu Incheon, Jung-gu, Incheon to the front road of the same new city 140,00, 50,000, from the front road of the same old new city, driven a Gystren car owned by the same department, and driven the Defendant under the influence of alcohol, such as drinking alcohol, smoking, red, etc.

On April 21, 2016, from around 00:52 to 01:12 on April 21, 2016, it was demanded to respond to the measurement of drinking by inserting rebreath in a drinking measuring instrument three times.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and I;

1. A written statement on the occurrence of K's traffic accident;

1. A traffic accident report;

1. Inquiries about the results of driving control and statement of the circumstances of the driver placed at driving;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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