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(영문) 의정부지방법원 2016.07.21 2016고정1204
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 24, 2016, the Defendant driven under the influence of alcohol, such as drinking, smelling, etc., from a policeman E belonging to the House for the Government Police Station, who was called up after receiving a 112 report, due to an act causing contact while driving a D cruise car on the road in front of the Cate, which is located in the House B at the time of the Government on January 24, 2016, while drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer's request for alcohol testing without justifiable grounds by avoiding entering the part of a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written statement G, H, and I;

1. Application of Acts and subordinate statutes to a traffic accident report report, survey report on actual condition, photograph of the damaged vehicle, report on the situation of the driver with the main driver, and register on the use of drinking meters;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Provisional Payment Order is that the traffic accident at the time of the instant case is disadvantageous to the Defendant.

However, in consideration of the fact that the defendant has no criminal record for the same kind, the punishment shall be determined as per the order.

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