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(영문) 춘천지방법원 2013.09.05 2013고정451
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

Punishment of the crime

At around 13:50 on September 20, 2012, the Defendant: (a) driven a motor vehicle that was parked in the opposite direction while driving a motor vehicle while drinking alcohol in front of the cafeteria on the cafeteria in Hongcheon-Eup, Hongcheon-gu, Seoul; (b) caused a traffic accident involving a vehicle parked in the opposite direction.

The Defendant received a report on the occurrence of a traffic accident and received a traffic accident, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol such as having a face from a slope F, etc. belonging to the Hongcheon Police Station E Zone, having a large amount of smelling in the entrance, and failing to properly hold the body, etc., and was demanded to comply with the drinking test by inserting the whole in a drinking measuring instrument three times from 15:20 to 15:42 on the same day.

Nevertheless, the defendant refused to put the whole breath in a drinking measuring instrument, and failed to comply with the police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes on accident-related photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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