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(영문) 인천지방법원 2018.05.18 2018고정745
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 5, 2018, at around 01:32, the Defendant was driving a CK7 vehicle while drinking alcohol in front of the apartment house 56, the ASEAN players village of the Nam-gu Incheon Metropolitan City, and 5, the Gu, on the front of the apartment house . On January 5, 2018, the Defendant was driving a CK7 vehicle in front of the apartment house . On the front part of the Esck vehicle parked by D, and was driving a vehicle in front of the Esck vehicle that D parked.

Accordingly, from the above D, the "motor vehicle lending and borrowing has occurred, and the other party driver is a drinking driver.

“A person who is under the influence of alcohol due to the occurrence of alcohol reaction at a drinking-free outlet at the seat of the police station in the Incheon Nam-dong, Incheon, by receiving a report of 112 and driving under the influence of alcohol from the Defendant F and a slope G.

There are reasonable grounds to determine a person, and the above police officers from 01:51 on the same day to 02:02 on the same day requested to respond to the measurement of alcohol by inserting the whole in three times at the same place, but did not comply with it.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of a report on refusal to measure drinking, and the circumstances of drivers;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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