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(영문) 전주지방법원 정읍지원 2014.07.22 2014고정141
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a C body-man vehicle.

Around 02:00 on March 31, 2014, the Defendant was required to comply with a drinking test by inserting the said vehicle into a drinking measuring instrument on three occasions at around 1,02:00 and around 02:51, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, red on the face of a police officer affiliated with the D Zone District of the High Police Station, etc., from the police officer belonging to the High Police Station, he was under the influence of alcohol, and thus, he was required to comply with a drinking test by inserting the breath of the breath of the said vehicle into a drinking measuring instrument on three occasions at around 1,02:38 and around 02:51.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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