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(영문) 춘천지방법원 원주지원 2018.05.11 2018고정52
도로교통법위반(음주측정거부)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B.

On August 4, 2017, from around 05:04 to around 05:15 on the same day, the Defendant driven the above vehicle while under influence of alcohol concentration and returned to the vicinity of the site located in the original city at the original city level. However, upon receiving a report from 112 to the purport that “A vehicle has a drinking-driving vehicle”, the Defendant was under the influence of alcohol, and the Defendant was under the influence of alcohol, such as a red blood color.

In spite of the fact that there are reasonable grounds to suspect that drinking was requested to take a drinking test, it did not comply with the request, and continuously, from 05:35 on the same day to 05:50 on the same day, the nuclear police station C District in the nuclear police station in the nuclear city E from 05:35 on the same day to 05:50 on the same day, it was demanded that the foregoing D comply with the drinking testing by inserting the rebreath of the drinking measuring instrument

Accordingly, the defendant is in a drunken state.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the notification of the result of regulating drinking driving;

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

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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