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(영문) 대전지방법원 공주지원 2019.01.25 2018고정84
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 12, 2018, at around 16:10, the Defendant driven a car with gallon from a section of about 100 meters from the street to D’s parking lot for “Ebox” located in the Cheongyang-gun B, Cheongyang-gun.

At the time, the Defendant was required to respond to the measurement of alcohol by inserting the breath of alcohol in a manner of inserting the breath from around 16:19 to about 20 minutes of the same day, while walking along and walking on the left and right, stating that “the reported case that occurred at the time of the breath's occupation has been followed,” and there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as breathing and breathing, etc.

Nevertheless, the defendant refused to put the whole in 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. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of each statute to a video CD, the alcohol measurement of which is refused;

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 (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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