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(영문) 인천지방법원 2019.08.29 2019고정1372
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 April 15, 2019, at around 00:10, the Defendant driven a D-to-purd vehicle with D-to-purd vehicle while drinking the road before the Incheon Bupyeong-gu, Incheon.

On 112 reported 112 that there is a suspected vehicle for drunk driving, and the traffic safety guidance E of the Bupyeong Police Station arrived at the site and inspected by the defendant, there is considerable reason to recognize that the defendant was driven while under the influence of alcohol, such as drinking alcohol reduction, smelling, reding, etc. (1:25, 200:30, 300:35) through three times in total (3) times in a manner of inserting the whole breath of alcohol measuring instrument.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, and notification of the results of the control of drinking driving;

1. Application of enforcement manual and investigation report (videos for which measurement is refused)-related Acts and subordinate statutes;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) 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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