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(영문) 의정부지방법원 고양지원 2013.09.11 2013고단1061
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On June 10, 2013, from around 23:40 to around 00:17, the following day, the Defendant: (a) was found in the Yongsan Police Station C District District B located in Yongsan-gu, Yongsan-gu; (b) the Defendant was found to locked while taking a vehicle bracing on the first lane among four-lanes in which vehicles frequent; and (c) there are reasonable grounds to recognize that the Defendant driven a drunk, such as red-lighting on the face and a non-distance on the face; (d) the Defendant was requested to take a drinking test at intervals of not less than 10 minutes from the border of the said district, but refused the measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report and circumstantial report on detection of a host driver;

1. The user ledger of the measuring instruments for drinking;

1. On-site photographs;

1. Application of Acts and subordinate statutes to a report on investigation (Refusal of a negative measurement);

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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