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(영문) 인천지방법원 부천지원 2018.11.09 2018고정681
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 12, 2018, around 00:10, the Defendant driven a motor vehicle owned by the Defendant on the front of the B, 00:0,000, while moving the vehicle from the inside of the vehicle to the chief lighting, and the Defendant appeared as E in this situation.

The F of the above position F was driving a drinking by a defendant, such as drinking, drinking, drinking, etc.

There are sufficient reasons to see, from 01:09 to 01:29 on the same day, the Defendant requested the emergency room of H hospital located in Bupyeong-si G to take a alcohol test on three occasions in total, but the Defendant failed to comply with the above police officer’s demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of drinking, report on the situation of the driver of drinking, and register on the use of measuring instruments;

1. Application of Acts and subordinate statutes by cutting booms and booms tops;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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