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(영문) 인천지방법원 2016.08.19 2016고정513
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 2, 2015, at around 01:28, the Defendant driven a eM5 vehicle while drinking a eM5 vehicle in front of the residence of the Defendant of the building in Namdong-gu Incheon Metropolitan City, and received a report of 112, while driving the vehicle under the influence of alcohol on the ground that the Defendant: (a) was under the influence of alcohol from the police officer G belonging to the Incheon Southern East Police Station Fabab, which called the Defendant after receiving a report of 112; and (b) was under the influence of alcohol by the witness G.

A police officer's request to comply with a drinking test on the same day after being notified that he/she will comply with a drinking test on the same day, 01:28 of the same day, 01:39 of the same day, 01:50 of the same day, and 02:01 of the same day, although he/she was requested to comply with a drinking test by putting the drinking measuring instrument in his/her hands, he/she failed to avoid it in a manner that prevents a drinking measuring instrument from being taken in his/her hands and to comply with a police officer's request for the

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 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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