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(영문) 춘천지방법원 원주지원 2016.01.26 2015고정559
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

The Defendant, at around 23:45 on September 25, 2015, driven a motor vehicle under the influence of alcohol, such as smelling, smelling, in an accident involving D’s lurbed vehicle while driving a motor vehicle at the street in front of the hospital C in the original city, the Defendant, while driving the motor vehicle at the seat of the hospital C on September 25, 2015.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 35 minutes in a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement (parking vehicles G);

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. A report on the detection of the driver at home, a report on the arrest of the driver at home, a report on the circumstances of the driver at home and a report on the situation of the driver at home

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting a crime;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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