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(영문) 의정부지방법원 고양지원 2018.03.09 2018고정5
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 7, 2017, the Defendant was driving under the influence of alcohol, such as a string distance, while driving a Dcoon car at the C underground parking lot located in Gyeonggi-si, Gyeonggi-do on August 7, 2017.

There are reasonable grounds to determine a person, and from around 02:14 to around 02:33 of the same day, it was demanded to respond to the measurement of alcohol by inserting approximately three minutes into a drinking measuring instrument for about 19 minutes.

Nevertheless, the defendant alleged that he stopped in order to find a substitute driver, and refused to comply with a police officer's request for measurement of drinking without justifiable grounds by refusing to measure drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Photographs of the situation of request for measurement;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

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

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

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

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