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(영문) 청주지방법원 2014.09.04 2014고정505
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 January 4, 2014, at around 22:20, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three minutes on three occasions at around 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking alcohol in the Defendant’s entrance and drinking alcohol, drinking alcohol, and routing the alcohol measuring instrument three times at around 30 minutes, after receiving a 112 report from H in the position of the G District at the Cheongju Police Station, which was parked at the scene and dispatched to the site, on the same day from H in the position of the Cheongju Police Station G District, which was called at the site.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Legal statement of the witness H;

1. A protocol of partial police interrogation of the accused;

1. Statement of the police officer to I;

1. Written statements prepared by the J;

1. Application of the actual situation survey report, report on the circumstantial statements of a drinking driver, report on detection, field photographs, and Acts and subordinate statutes concerning refusal to measure drinking;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. According to the evidence that was found prior to the conviction of Article 334(1) of the Criminal Procedure Act, I, a police official belonging to the Gyeonggi Provincial Police Agency, went to the Cheongju-si K apartment on private use, and observed an accident of shocking the traXG car parked on the right side on January 4, 2014, and I discovered that the Defendant, a driver, intends to start from the place of his/her seat by changing his/her seat with his/her seat, and he/she reported his/her vehicle to the Defendant “ how he/she will go to the accident and how he/she will go to go to the stop of the trade name “D shop” located in the place where he/she was lowered from the train.

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