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(영문) 인천지방법원 부천지원 2017.07.13 2017고정618
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 April 3, 2017, at around 19:55, the Defendant received 112 reports to the effect that the Defendant appears to drive BNS vehicles in the state of drinking on the roads of 10-o, 134-o, 10-o, 134-o, 134-o, Navi Village 307, the Kimpo-si, and that the Defendant was driven under the influence of alcohol, such as smelling, hnoping, roping, and hoping, a large amount of emulging, and high face.

There are reasonable grounds to determine a person, despite the demand of the defendant to respond to the measurement of alcohol by inserting approximately 30 minutes of a so-called drinking measuring instrument, the Kimpo-gu Police Station C police box affiliated with the above 112 police box called out after receiving the above 112 report, the defendant did not comply with the demand without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of drivers of drinking alcohol (List 2), details on the use of measuring instruments for drinking alcohol (List 5);

1. Application of photograph (List 4) Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and Article 148-2 (1) 2 of the same Act concerning the facts constituting an offense and the selective punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Confession and reflection of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order

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