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(영문) 춘천지방법원 영월지원 2013.04.26 2013고정97
도로교통법위반(음주측정거부)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 8, 2013, at around 21:49, the Defendant was required to respond to a drinking test by inserting approximately 140 meters in a breath in front of the Scongdong, which was in front of the Taesung-si, to the 9 parking lot of the SM5-dong, while drinking about about 140 meters, and being dispatched after receiving a report on a drunk driving, to the Defendant from the slope D belonging to the Tha Y Police Station, and making a breathing and breathing, etc., while under the influence of alcohol, and accordingly, the Defendant was required to comply with the drinking test by inserting the breath of the SM5-dong from around 22:41 to around 23:11 of the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D and E;

1. The circumstantial report of an employee;

1. Application of investigative reports (road driving distance, etc. of suspects) Acts and subordinate statutes;

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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