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(영문) 인천지방법원 2016.06.16 2016고정1145
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 February 19, 2016, at around 00:35, the Defendant, while drinking alcohol, driven B car from around 30 meters from the underground parking lot of the modern marine building located in Bupyeong-gu Incheon Metropolitan City 4:203-14, Dong-gu to the river in front of water in the same Dong-gu.

At around 01:34 on the same day, the Defendant is aware of the fact that “the Defendant is entering and leaving a drunk building.”

“A police officer, etc. who was dispatched to the site after receiving a report of 112 and received a witness’s statement from the security personnel of the above building and received a request from C, etc. to 02:00 to 02:35 minutes to respond to the drinking test by inserting the breathm for three minutes during the period from around 02:00 to around 02:35.

At the time, the defendant was driven under the influence of alcohol, such as snicking, inafluening, ina little and unafluening, and snicking on the face.

there was a reasonable reason to determine the person.

Nevertheless, the defendant is not a child in Korea, but a driver is now taking a driving stand, and it is necessary to measure the drinking alcohol.

A person who has filed a report shall be free from others, and a person who has avoided the noise, and failed to comply with a police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer in C or D;

1. Application of Acts and subordinate statutes to a report on the circumstances of a driver who is placed in driving and a notice of the result of drinking control;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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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