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(영문) 대전지방법원 천안지원 2015.07.23 2015고정393
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

On January 27, 2015, around 23:34, 2015, the Defendant was required to respond to the drinking test by inserting alcohol into a drinking measuring instrument between around 23:56, Jan. 27, 2015 and around 31 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a drinking vehicle under the influence of alcohol by drinking alcohol while drinking alcohol on the front of D in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the F District Unit G of the astronomical Police Station in the Yancheon-gu, Seoan-gu, the Defendant, from the slope G of the F District of the Y, and

Nevertheless, the defendant refused to put the whole breath in a drinking measuring instrument, and avoided this, 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. Statement made by the police officer in relation to H;

1. Each entry of the notification of detection of drinking drivers, the report on detection of drinking drivers, and the circumstantial statement of drinking drivers;

1. Entry in the ledger of use of the measuring instruments for drinking;

1. Application of image Acts and subordinate statutes to non-measurement photographs;

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 (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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