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(영문) 인천지방법원 2016.11.21 2016고정3098
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On August 28, 2016, the Defendant appears to be in writing to be “E” as stated in the facts charged in the indictment of a sloped indictment attached to a police box while driving a B-do motor vehicle under the influence of drinking alcohol at the president of the C-Wing Beach, which is located in the C-Wing Sea at the C-Wing 00:30 on August 28, 201.

(No. 8, 11, 15 pages, etc.) was demanded to respond to a drinking test by inserting the whole in a drinking measuring instrument for about one hour.

At the time, the defendant was a drinking-free drinking place, and there was considerable reason to recognize that he was driving under the influence of alcohol, such as smelling in the entrance and snicking on the face.

Nevertheless, the Defendant denied that there was no fact of driving under drinking, refused to put the whole in a drinking measuring instrument, and avoided it by leaving the scene, and did not comply with the request for a drinking test by police officers on three occasions without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of statutes on site photographs;

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 (1) 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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