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(영문) 전주지방법원 군산지원 2018.07.18 2018고정11
도로교통법위반(음주측정거부)
Text

1. The sentence against the accused shall be 5,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On September 30, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as snicking and smelling on the face, on September 30, 2017, at an emergency room for the Kansan Police Station B of the Yansan Police Station, which was reported by 112 at the Kansan National Emergency Station of the Kansan Police Station at around 01:16.

There is a reasonable reason to determine a seal, and from 01:31 on the same day, it was demanded to respond to the measurement of drinking by inserting the whole in 10 minutes into a drinking measuring instrument over 30 minutes.

Nevertheless, the Defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. The legal statement of the witness C;

1. Notification of the results of the crackdown on driving alcohol, investigation report (report on the situation of the driver in charge), investigation report (in case of refusal of measurement of drinking alcohol), and inquiry about the results of the crackdown on driving alcohol [the defendant's charges are denied, but the defendant's assertion is not accepted as stated in the above evidence]

Application of Statutes

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act concerning 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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