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(영문) 대전지방법원 2013.10.30 2013고정1374
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 May 31, 2013, at around 05:11, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument over about 30 minutes, in consideration of the following: (a) the Defendant: (b) an accident that shocks the freight vehicles parked while driving a Korean-style apartment 106-dong, a Korean-style apartment 106-dong, a Korean-style apartment, under the influence of the law, while drinking, and (c) the Defendant was required to respond to a drinking test by inserting it into a drinking measuring instrument over 10 minutes; and (d) the background leading up to his/her duties in the Daejeon Police Station C Zone, and (e) the police officer in the accident investigation department of the Taeduk Police Station, who takes a drinking while driving a brea-dong car while drinking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes governing drinking control photographs;

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

1. Selection of an alternative fine for punishment;

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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