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(영문) 대전지방법원 천안지원 2013.10.17 2013고정919
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On July 13, 2013, at around 21:20, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument over about 30 minutes in the direction of the drinking measuring instrument, while driving three km sections from the front of the Seoan-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seocheon-gu, Incheon to the front of the 4-11 passenger vehicle of the same Eup to the front of the 3km-ro 4-gil 1-11 of the same Eup, the Defendant was not in compliance with the request without justifiable grounds, even though he was required to comply with the drinking measurement by inserting a drinking measuring instrument over 30 minutes, such as drinking smell and smelling on the face.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes to ctv photographs for the purpose of crime prevention, such as reports on the statement of the situation of a drinking driver, reports on detection of a drinking driver, on-site control photographs, rejection photographs of measurement;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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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