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(영문) 인천지방법원 2014.09.02 2014고정2278
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 28, 2014, at around 01:56, the Defendant was required to respond to the drinking test by inserting the alcohol into a drinking measuring instrument over 30 minutes from the slope D of the Incheon Bupyeong Police Station, on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling and sprinking on the face, while driving the C Spke car owned by the Defendant in the state of drinking on the front of 261, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉조차 하지 않고 음주측정을 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A report on detection of a host driver (sker);

1. Application of Acts and subordinate statutes to a criminal investigation report (Refusal of a negative measurement), investigation report (Listening to reporter's telephone statement);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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