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(영문) 광주지방법원 2013.07.04 2013고단2210
도로교통법위반(음주운전)
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 April 23, 2013, at around 09:55, the Defendant: (a) driven a rocketing car in front of the Sonsan Station located in the Sonsan-dong, and there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol by drinking alcohol, such as smelling alcohol in front of the Sonsan-dong; (b) the Defendant was demanded from C to comply with the so-called police officer’s request for a so-called alcohol test without justifiable grounds by inserting the 10:50 on the same day at the Naju Police Station (11:0), around 11:0, around 11:20 on the same day; and (c) the Defendant was required to comply with the so-called alcohol test by inserting three minutes, such as around 30 minutes, including around 11:20 on the same day; (d) the Defendant was unable to enter the so-called alcohol measuring instrument,

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs which refuse to measure alcohol;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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