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(영문) 대전지방법원 2016.10.13 2016고정1028
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 April 15, 2016, at around 01:04, the Defendant was required to comply with a drinking test by driving a vehicle C at the street in front of Daejeon-dong, Daejeon-dong to the emergency room of the hospital of 496-15, Sungnam-dong, Daejeon-dong, and by inserting alcohol to the emergency room of the hospital of 496-15, the Defendant was required to comply with the drinking test by inserting approximately 40 minutes in total four times at around 15:51, around 01, around 202:04, around 3:02:17, around 4:0, around 42:27.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, notification of the result of the drinking driving control, report on the situation of drinking drivers, application of the Acts and subordinate statutes of photograph at the time of crackdown;

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 (1) 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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