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(영문) 인천지방법원 부천지원 2013.05.24 2013고정695
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 28, 2013, at around 00:10, the Defendant was demanded to respond to a drinking test by means of inserting a drinking measuring instrument over about 20 minutes on the front of the “bombb 1128-1”-1, Jung-gu, Seocheon-gu, Seocheon-gu, 1128-1, which was under influence of alcohol and was parked in the rear side while driving a B X-gu vehicle, and receiving the report, and thereby making it possible for the Defendant to be deemed to have driven under the influence of alcohol, such as smelling alcohol and drinking on the face.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without a justifiable reason, referring to “drawing why is why it is?”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the reports on the actions taken against the driver, the reports on the status of the driver's practice, and the reports on the status of the driver's practice;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the 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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