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(영문) 대전지방법원 2015.05.28 2015고정596
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

The Defendant is a person who drives a two-wheeled automobile B, CT100.

On January 31, 2015, the Defendant was arrested in the act of committing a crime committing an injury to another person while driving in the influence of Obaba, and was transferred to the Daejeon Western Police Station D Zone around 08:10 a.m. on the same day.

After being taken into custody in the above earth zone, the Defendant was required to take a drinking test three times from 08:17 to 08:39 on the same day on the ground that there are reasonable grounds to recognize that the Defendant had driven the above earth while under the influence of alcohol, such as a big distance, etc., and was in an inaccurate, heavy snow, heavy snow, and heavy snow, and that the Defendant was in the influence of alcohol from around 08:17 to 08:39.

However, without justifiable grounds, the defendant did not comply with the above police officer's demand for alcohol testing.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the status of the driver;

1. Application of Acts and subordinate statutes to photographs of drinks;

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 (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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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