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(영문) 대전지방법원 서산지원 2014.01.16 2013고정194
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 9, 2012, at around 01:10 on November 9, 2012, the Defendant driven a B Poter freight vehicle and proceeded on a three-distance road in front of the Seosan-dong, Seosan-dong, Seosan-do, and was under the influence of alcohol to comply with a drinking test by inserting the drinking measuring instrument four times from around 01:42 of the same day to around 02:13 of the same day, the Defendant was required to take a drinking test by inserting the drinking measuring instrument into the influence of alcohol in a way that: (a) the Defendant snife a smelled from the slope F of the Seosan Police Station Ecom, dispatched to the scene; (b) the Defendant snife a smell of the Seosan Police Station, sent out to the scene; and (c) the Defendant snife a smelled from the slope F of the Seosan Police Station, who

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. C’s statement;

1. Application of Acts and subordinate statutes to the report on detection of a drinking driver, the report on the circumstances of a drinking driver, and the details of measurement of drinking;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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