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(영문) 춘천지방법원 2014.06.12 2014고단318
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 27, 2014, the Defendant was demanded to respond to a drinking test by inserting alcohol measuring instruments over about 36 minutes in a breath of alcohol, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as a slope D belonging to the Chuncheon Police Station C Zone D, and a slope E, and a sloping distance, while driving a motor vehicle under the influence of alcohol on the front of the ship at the Doncheon-si Sports 413, Chuncheon-si.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of D or E;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes concerning data on drinking meters;

1. Relevant Article of the Act and Article 148-2 (1) 2 of the Road Traffic Act (Selection of Fines) in the choice of applicable criminal facts;

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

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant is the primary offender, and that his mistake is recognized, and that he reflects it. It is so decided as per Disposition.

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