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(영문) 인천지방법원 2019.01.23 2018고단8899
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 14, 2018, the Defendant was sentenced to imprisonment with prison labor for three years, a fine of 60,000 won for one year, for the obstruction of performance of official duties, etc. by the District Court, and the said judgment became final and conclusive on September 22, 2018.

around 02:40 on September 7, 2018, the Defendant was arrested as a flagrant offender due to the suspicion that the Defendant assaulted the victim D using CKanfa car at the Kafa car underground parking lot in Yeonsu-gu Incheon Metropolitan City.

At around 03:34 on the same day, the Defendant was required to respond to the drinking test by inserting approximately 15 minutes from the Inspector F, in a manner of putting the breath of alcohol into a drinking measuring instrument for about 15 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as in-depth, unsast, face color, red and smelling, etc.

Nevertheless, the defendant argued that he has been driving on his behalf without drinking alcohol, and the defendant did not comply with the request for the measurement of drinking alcohol by police officers without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. A report on investigation (the sequence 5 in list of evidence);

1. Previous record: Application of the defendant's statutory statement and criminal records-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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