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(영문) 인천지방법원 부천지원 2013.09.25 2013고정1366
도로교통법위반(음주측정거부)
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives without registration.

On 00:50 on 07. 04. 00. 00, the Defendant driven a fluorous section near the 1083 GS convenience store in Seocheon-gu, Seocheon-gu. 1083.

The Defendant was demanded to respond to a drinking test by inserting the whole in a drinking-free measuring instrument over 30 minutes, on the grounds that there are reasonable grounds that the Defendant was a drinking-free place and driving under the influence of alcohol, and that he was demanded to comply with the drinking-free measuring instrument.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Measuring ledger;

1. On-site photographs;

1. The circumstantial report;

1. Application of Acts and subordinate statutes to purchase specifications;

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. Article 11 and Article 55 (1) 3 of the Criminal Act for mitigation of deaf-mutes;

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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