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(영문) 청주지방법원 2020.10.22 2020고정470
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 9, 2020: (a) around 02:14, the Defendant: (b) was able to know the trade name in the Seocho-gu, Seowon-dong, Seowon-si; (c) was driving in approximately 1km section from around the front road of the party-gu, Seowon-si to the roads in front of the Gu; and (d) was able to recognize that the Defendant was driving under the influence of alcohol, such as heavy snow and snow-free and snow-free, from around 01:32 to about 02:14 on the same day, the Defendant was demanded to comply with the drinking-free measurement by inserting a drinking measuring instrument for six minutes through a drinking-free measuring instrument, from around 01:32 to about 02:14 on the same day.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to notify the details of crackdown on driving under the influence of alcohol, investigation reports, and the results of crackdown on driving under the influence of alcohol;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

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