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(영문) 청주지방법원 충주지원 2017.04.19 2016고정223
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, at around 02:30 on June 22, 2016, driven a motor vehicle while under the influence of alcohol, such as smelling at H on the front side of the same city G and soundinging the red light on the face, upon receiving a report that he/she would drive D 124cc Bab in front of the road in front of C, in violation of traffic laws and regulations, under the influence of alcohol.

There are reasonable grounds to set a person to voluntarily accompany the E zone, and then received a request for the measurement of drinking alcohol by inserting approximately 30 minutes of the 03:51 on June 22, 2016 to about 04:23 on the same day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Suppression photographs;

1. Application of Acts and subordinate statutes notifying departments related to 112 reporting of the case;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) 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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