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(영문) 전주지방법원 2015.09.01 2015고정145
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 December 2, 2014, at around 04:55 on December 2, 2014, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle in front of the Yansan-gu Pungsan-dong, or a vehicle in front of the Hong Fung-dong, while drinking, from a slope E affiliated with the Diplomatic Police Station of the Jeonju-Annan-si Police Station, while drinking, such as smelling red on the face, etc.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each investigation report (10 pages, 14 pages of investigation records);

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, appearance, uniforms, language, attitude, and the ledger of use of a drinking measuring instrument;

1. Report on the use of police gear;

1. Application of Acts and subordinate statutes to a report on investigation (the details of use of a sound measuring instrument);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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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