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(영문) 청주지방법원 2017.05.12 2017고정198
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 January 22, 2017, the Defendant: (a) driven a new franchise vehicle under the influence of alcohol in front of the D convenience store located in Heung-gu, Chungcheongnam-gu; and (b) driven under the influence of alcohol by the Defendant, upon receiving a 112 report from a person who was diving on the said new franchise vehicle, while driving the said new franchise vehicle on the street, by drinking alcohol, such as G belonging to the F District Unit of the Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, which was dispatched to the site after receiving a 112 report from the person who was diving on the said new franchise; and (c) G belonging to the F District Unit of the Cheongdong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, which was

Since there are reasonable grounds to determine a person in the act of violating the Road Traffic Act (driving), he was arrested in the act of committing an act of violation of the Road Traffic Act, and was demanded to respond to the measurement of drinking by inserting approximately 30 minutes from the F District of the Cheongju-gu Police Station F District in the Cheongju-gu Police Station in the same Gu I for the purpose of putting about 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, reporting on the actual condition, reporting on the detection of a driver of the primary driving, reporting on the circumstances of the driver of the primary driving, self-declaration of the respondent, details of enforcement, application of statutes governing on-site photographs;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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