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(영문) 광주지방법원 2013.06.27 2013고정1030
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 12, 2013, the Defendant: (a) while drinking alcohol around 15:00, while driving a gallon vehicle B1 ton of cargo on the front of the C Housing at the time when he was driven on the road in front of the C Housing, and (b) driven the gallon vehicle parked by D to the front of the E Housing at the time when the Defendant’s house is located.

Upon receiving D’s report, the Defendant was required to comply with the alcohol alcohol measurement by inserting deposits into a drinking measuring instrument over about 35 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking slope F by police officers, and smelling the Defendant from G, drinking, and reding on the face, etc.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers, reports on circumstantial statements of drivers, and investigation reports (as to the portion of refusal of noise measurement);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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