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(영문) 춘천지방법원 속초지원 2013.07.10 2012고정258
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving the freezing cream vehicles B.

On June 9, 2012, at around 23:25, the Defendant was driving the said cargo while drinking on the front of the video coast route 4, at the Yyang-gun, Suyangyang-gun, the Defendant had reasonable grounds to recognize that the Defendant driven the said cargo under the influence of alcohol, such as smelling and smelling red on the face of the Defendant from a slope D belonging to the police box of the Seocho High Police Station, while driving the said cargo under the influence of alcohol.

6. On October 10, 100:31, from around 00:0 to around 00:51, it was demanded to respond to the measurement by inserting the whole breath of drinking in a manner of inserting it into the breath of drinking.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

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

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