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(영문) 대전지방법원 서산지원 2015.01.23 2014고정228
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 February 5, 2014, around 02:42, the Defendant entered the F-Motor vehicle owned by E in front of D branch companies in Jinjin-si, on the ground that he was in the F-Motor vehicle in front of D branch companies, and was dispatched, and the Defendant was entering the vehicle, and the Defendant was moving 4-5 meters from the place where the vehicle was first parked, and there was a considerable reason to suspect that he was under the influence of alcohol due to the lack of a red, non-distance, and an armial length, and thus, the Defendant was demanded from H to comply with the drinking test by inserting the drinking measuring machine three minutes in a way of inserting it into the drinking measuring machine.

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. Legal statement of the witness H, E, and I;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to criminal investigation reports (Attachment of photographs), internal investigation reports (Attachment of photographs to criminal scene photographs);

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 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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