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(영문) 광주지방법원 목포지원 2014.05.16 2014고정52
도로교통법위반(음주측정거부)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 2, 2013, while under the influence of alcohol on September 19:5, 2013, the Defendant driven a clance car at approximately KRW 1 km from Schlage, through which it is impossible to find out the trade name adjacent to Samho-gun, Samho-dong, Samho-gun to the front day of the same riamamba fire station.

On September 22, 2013, the Defendant received a traffic accident report and received a demand to respond to the alcohol alcohol test by inserting the whole in a drinking measuring instrument three times, such as E during the police box of the Yeongdeungpo Police Station D, and on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as smelling, smelling from E and sloping F, sniffing red on face, snifing, etc., on September 22, 2013

Nevertheless, the Defendant did not comply with the drinking test by a police officer.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Application of the circumstantial report on the driver, the report on detection of the driver, and the Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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;

1. According to each of the witness F and E’s statements with the grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, considering the fact that the defendant could be sufficiently recognized to commit the instant crime without reasonable grounds, considering the fact that the defendant denies the instant crime without reasonable grounds, the defendant is sentenced to a fine of the same amount as the fine for the summary order (five million won) and is ordered to bear the costs of the instant lawsuit.

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