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(영문) 전주지방법원 2016.08.09 2016고정198
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On November 5, 2015, at around 23:40, the Defendant driven under the influence of alcohol, such as smelling and smelling from D, the safety of life of the Henan Police Station prior to witnessing the driving of alcohol, and the situation under which the Defendant belonged, while under the influence of alcohol, while under the influence of alcohol, the Defendant driven under the influence of alcohol.

There is a reasonable reason to determine a person, and from around 23:43 to around 00:15 on the same day, it was demanded to respond to the measurement of drinking by inserting approximately four minutes into a drinking measuring instrument for four occasions between 32 minutes.

Nevertheless, the Defendant failed to comply with a police officer’s request for alcohol testing by avoiding the demand for measurement, such as not bringing about a drinking measuring instrument.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A letter of arrest of a flagrant offender;

1. A report on the detection of a driver at a driving school, a report on the circumstances of the driver at a driving school, the appearance, uniforms, language, the result of attitude, and the ledger of use of the measuring instruments for drinking;

1. The investigation report (the sequence 8 in list of evidence);

1. Application of vehicle photographs and photographs refusing to measure drinking;

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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