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(영문) 의정부지방법원 2016.11.28 2016고정1794
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a Poter Cargo Vehicle B.

On June 22, 2016, at around 02:00, the Defendant driven the above vehicle while under the influence of alcohol and was driving on a road of approximately 3 km in front of the luminous Myeon Office in front of the luminous Myeon Office in front of the two weeks-on, and was under the influence of alcohol driving, and the Defendant was under the influence of the vehicle, and was under the influence of the vehicle, and was under the influence of the vehicle, and was under the influence of the vehicle, and was under the influence of the vehicle, and was under the influence of the vehicle.

The defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes a drinking measuring instrument on the grounds that there are reasonable grounds to recognize that he/she was driven while under the influence of alcohol, such as smelling, smelling red, etc.

Nevertheless, the defendant made a false statement that he/she was not driving, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Second police interrogation protocol against the accused;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act and the selection of fines concerning criminal facts;

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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