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(영문) 의정부지방법원 2013.10.24 2013고정2281
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On May 31, 2013, the Defendant was required to respond to a drinking test by inserting the breathm for about 30 minutes, such as smelling and smelling on the face, from a policeman D belonging to the Gyeonggi Government Police Station C Zone Group of the Gyeonggi Government Police Station, while driving a breath on the road 595-50 prior to May 31, 2013, while driving the breath on the road.

Nevertheless, the defendant avoided drinking so that he 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. Each police statement of E and F;

1. A report on investigation;

1. Application of Acts and subordinate statutes to the Report on the Statement of Poisonous Drivers, the Report on Poisonous Drivers, and the Report on Use of Poisonous Measuring Instruments;

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 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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