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(영문) 인천지방법원 부천지원 2014.10.16 2014고정1047
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 June 12, 2014, at around 00:46, the Defendant driven a motor bicycle for DT under the influence of drinking alcohol at the gas station located in Seocheon-gu, Seocheon-si B.

The Defendant, upon receiving a report on a drunk driving, has a reasonable ground to recognize that the Defendant was drunkly drunkly driven by the Defendant from the chief F of the police box affiliated with the police box of the House, which was sent to the scene after having received the report on a drunk driving, and that the Defendant was under the influence of alcohol, and that the Defendant was demanded to comply with the measurement of alcohol by means of checking the surface of the Defendant under the influence of alcohol with visual images, and inserting approximately 30 minutes of the breath of the breath of the brea Police Station.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. A written revocation of G;

1. The circumstantial report on a drinking driver, the ledger using a drinking measuring instrument, the suitable inquiry into the motor vehicle, the report on the situation of drinking-driving and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The Defendant asserts to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of the crime.

According to the records, although the defendant's drinking at the time of the above crime is recognized, it cannot be seen that the defendant's ability to discern things or make decisions has been weak or lost. Thus, the defendant's assertion is rejected.

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