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(영문) 인천지방법원 2012.09.06 2012고합774
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 4, 2012, at around 02:29, the Defendant driven D's franchise vehicle with drinking alcohol in the Southern-gu Incheon Metropolitan City underground parking lot.

Inasmuch as there are reasonable grounds to recognize that a police officer F, who belongs to the Incheon E District would have driven under the influence of alcohol by moving to the site after receiving a report that “A police officer is a drinking driver,” and divided the Defendant’s speech and behavior into the site, showing a clear and red blood condition, etc., the police officer demanded the Defendant to comply with a drinking test by inserting the breath in the E Zone in the Southern-gu Incheon Southern-gu Incheon Metropolitan City, Incheon, by inserting the breath of drinking.

Nevertheless, the defendant refused to put the whole in a drinking measuring instrument, 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. Notification of drinking driving control results, and application of Acts and subordinate statutes concerning non-measurement photographs;

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines;

1. Detention in a workhouse: The reason for the sentencing of Articles 70 and 69(2) of the Criminal Act [limited to the reasonable circumstances] reflect (limited to the poor circumstances] his/her previous record of driving under influence of alcohol;

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