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(영문) 대전지방법원 논산지원 2013.09.13 2013고정94
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On February 20, 2013, at around 01:35, the Defendant driven Cone Star Vehicle in the state of alcohol from around 300 meters to the front road of the Japanese apartment 201 parking lot located in the same Dong and located in the same Dong.

On February 20, 2013, from around 01:39 to 02:01 on the same day, the Defendant was demanded to respond to the alcohol alcohol measurement by inserting the d district unit E into the D district unit office and three times from the slope E belonging to the said district unit.

At the time, there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as being snicked, inaccurate, faceed, etc.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to photographs, reports on detection of host drivers, reports on circumstantial statements of host drivers, or video;

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

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