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(영문) 인천지방법원 2017.07.20 2016고정2331
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

The defendant is a person who drives a PP vehicle.

On May 3, 2016, at around 21:45, the Defendant 22:44 on the day after drinking alcohol at the infinite house in Bupyeong-gu, Incheon, Busan, Busan, the Defendant driven the flin vehicle from approximately 400 meters away from the front of the roads of the Incheon Bupyeong-gu, Bupyeong-gu, Incheon, to the 307-dong underground parking lot.

At the time, the Defendant driven under the influence of alcohol, such as drinking and smelling on the face of the Defendant at around 00:48 May 4, 2016, the Defendant, who was arrested and transferred a flagrant offender from H, etc. to the G District Police Officer of the Incheon Samsan Police Station G District, Incheon, the Defendant, upon receiving a report of 112 of the F, pursuant to the report of 112 of the Defendant, driven the Defendant under the influence of alcohol, by drinking the Defendant at around 00:48.

Due to reasonable grounds, 30 minutes (0:48, 00:58, 01:08, 01:08, 01:18) have been demanded to comply with the measurement of drinking by inserting the whole in a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F and K in the protocol of public trial;

1. Application of Acts and subordinate statutes verifying the confirmation of the fact of communications, such as a refusal of measurement of drinking, field photograph, 112 report list;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the 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. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. On May 3, 2016, the Defendant: (a) finished drinking on May 22:45, 201; (b) parked a motor vehicle specified in the facts charged at his/her apartment parking lot located in Bupyeong-gu Incheon Metropolitan City and went to his/her house.

In that case, the police officer is driving the defendant at around 23:45 on the same day after the lapse of one hour from him.

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