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(영문) 인천지방법원 2014.01.24 2013고정4446
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 1, 2013, at around 21:10, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, sniffing, sniffing, etc. from the Incheon Western Police Station C District Assistant D, which he own, under the influence of drinking.

Nevertheless, the Defendant intentionally avoided alcohol measuring instruments, and avoided them by lying on the earth's lying on the earth's waves, and did not comply with the demand of police officers for the measurement of alcohol without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the situation of driving under the influence of alcohol, reports on the control of drinking driving, and photographs of refusing to measure alcohol;

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. 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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