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(영문) 청주지방법원 2017.10.26 2017고정607
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On May 31, 2017, the Defendant driven a Dpote vehicle under the influence of alcohol in front of C in the Chungcheongbuk-gu B around 00:40 on May 31, 2017.

from F of the circumstances in which the Cheongju Police Station E Team belongs, due to reasonable grounds to determine the person;

5. 31. At around 00:55, the first measurement at around 01:00 on the same day, the second measurement at around 01:05 on the same day, and the second measurement at around 01:05 on the same day, and the second measurement at around 01:11 on the same day, demand was made to respond to the drinking-related measurement by inserting the whole influenite at least three occasions;

Nevertheless, the Defendant, without any justifiable reason, avoided a request for the measurement of drinking by a police officer by refusing to make a request for the measurement of drinking, such as not having to take part in a drinking measuring instrument, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and investigation report (report on the statement of the situation of the driver in charge);

1. Application of statutes on site photographs;

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

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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