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(영문) 인천지방법원 2017.05.26 2017고정1087
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a wing-in vehicle B.

On August 15, 2014, the Defendant driven a vehicle under the influence of alcohol, such as 06:44 on the same day, while driving the vehicle under the influence of alcohol in the vicinity of Seo-gu Incheon, Seo-gu, Incheon at around 06:4, the Defendant was under the influence of alcohol by a slope F, belonging to the Incheon Seo-gu Police Station Ear Team of the Incheon Western Police Station, dispatched to the scene of the accident by shocking the street trees installed in the Duski in Seo-gu, Incheon, Seo-gu, Incheon, and driving the vehicle under the influence of alcohol.

There are reasonable grounds to determine a person, and from 08:05 to 08:28 of the same day, it was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes in the Incheon Seo-gu Police Station E zone in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Incheon.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol measurement without a justifiable reason while “I are aware of the same as a short-term accident.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of driving a alcoholic beverage and the ledger of using a drinking measuring instrument;

1. Application of Acts and subordinate statutes to photographs of site pictures and photographs refusing to measure drinking;

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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