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(영문) 광주지방법원 목포지원 2016.12.20 2016고정537
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 22, 2016, the Defendant, as a B driver, driven the above vehicle on or around 22:50 on May 22, 2016, and driven approximately 100 meters away from the Domo-dong Office in the vicinity of the Dongmo-dong Office of Mapo-si, the Defendant was found to be suspected of drinking driving.

As there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling and smelling red on the face, the defendant was demanded to comply with the drinking test by inserting the breath measuring instrument into three occasions at approximately 22:20 (1), 22:30 (2), 22:30) and 22:40 (3).

Nevertheless, the Defendant avoided the so-called so-called so-called a police officer's request for a so-called alcohol test without justifiable grounds, by not putting the breath of the so-called "breath" in a proper manner.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of drinking driving control and the application of Acts and subordinate statutes to photographs at the time of measurement;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) 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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