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(영문) 의정부지방법원 고양지원 2013.08.29 2013고정1034
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 December 15, 2012, around 10:25, the Defendant driven a Brane car from the main station of 6010-201 unit of 8, the 6010-201 unit, which is located in the Sari-ri-ri, Pari-ri-ri, Pari-ri-ri, the Defendant was required to comply with the measurement of alcohol three times from the police officer D, who was assigned to the police station of the Pari-ri Police Station from 10:35 to 10:50 on the same day, due to reasonable grounds to recognize that the Defendant was under the influence of alcohol at the time, such as smelling in the Defendant’s entrance,

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

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

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and 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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