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(영문) 대전지방법원 천안지원 2013.04.30 2013고정228
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 9, 2012, around 02:49, the Defendant requested a drinking test over about 30 minutes on the front road of the YG apartment of the YG-dong, Seocheon-gu, Seocheon-gu, Seocheon-gu, the Defendant, while under the influence of alcohol, failed to comply with a police officer’s demand for a drinking test without justifiable grounds, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking at the driver’s entrance, and drinking at the driver’s entrance, and that there is considerable reason to recognize that he was under the influence of alcohol, such as the vehicle’s speed change, and the vehicle is placed in the DD., but the Defendant did not comply with the demand of the police officer for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to enforcement note, report on detection of a drinking driver, ledger of use of a drinking measuring instrument, field photographs (B and suspect's refusal to measure drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of fines for criminal facts, and the choice of fines;

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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