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(영문) 제주지방법원 2016.07.15 2016고정335
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 April 7, 2016, at around 11:52, the Defendant: (a) driven a D cafeteria in front of the D cafeteria located in Jeju Island; (b) driven a parked F Happed Passenger Car while drinking alcohol; and (c) driven a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face, by a slopeH affiliated with the G box of the Jeju East Police Station, which was called upon a traffic accident report; and (d) driven a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face.

Inasmuch as there are reasonable grounds to determine a person, and the result of checking whether drinking is possible by using a drinking-free tool, it was demanded to respond to the measurement of drinking by inserting four minutes into a drinking-free measuring instrument for about 30 minutes from around 12:13 to around 01:42 on the same day.

Nevertheless, the defendant avoided drinking so that he did not comply with a police officer's request for drinking alcohol measurement without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement prepared by the I;

1. A report on the occurrence of a traffic accident (including photographs);

1. Statement of the circumstances of the driver in charge of driving, and copy of the ledger using the drinking instruments; and

1. Photographs (accidents vehicles and CCTV images), CDs (accidents images);

1. Application of Acts and subordinate statutes on copies of receipts;

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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