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(영문) 청주지방법원 충주지원 2015.10.14 2015고정81
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 December 12, 2014, at around 21:27, the Defendant driven a small-sized cargo vehicle of approximately 200 meters from the front side of the Hah-ro 696, E1 to the front side of the Hah-ro 696 E, and the Defendant, upon receiving a report from the F, etc. to drive under the influence of alcohol, requested to comply with a drinking test on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol from a slope H belonging to the Hah-ri Police Station G police box called up, which was called out by the Defendant. However, the Defendant rejected it from 22:27 on the same day to 2:47 on the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to the F, I, and J;

1. Application of Acts and subordinate statutes to the list of reported cases, such as arrest reports on the occurrence of the case, report on the circumstantial statement of the driver, report on the detection of the driver, photographs, and the application of statutes to the list

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;

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