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(영문) 청주지방법원 제천지원 2013.04.11 2013고정19
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 13, 2012, around 01:58, the Defendant was found to have been dispatched to police officers upon receiving a 112 report due to the c sm520 driver's seat, which was under the influence of liquor in the direction of the city-based Cheong-dong, Cheong-dong, Cheong-dong, Cheong-dong, Cheong-dong.

Therefore, there are reasonable grounds to recognize that the defendant was driving the above vehicle after drinking alcohol from the D District E, and thus, it was demanded that the defendant comply with the drinking test by inserting the whole of drinking in four minutes between about 30 minutes and about 30 minutes between around 02:21 and around 02:33 on the same day in the D District, around 02:21 and about 02:46 on the same day.

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. Statement by the defendant in court;

1. Application of a report on detection of a host driver and statutes on site photographs;

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 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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