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(영문) 수원지방법원 안산지원 2019.10.17 2019고정668

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a driver of Oralba.

On July 21, 2019, around 21:58, the Defendant was demanded to respond to a drinking test by inserting the breathm in four times until 22:15 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, snicking, snicking, etc., while driving Ora while drinking alcohol in front of the C in front of the luminous on the road.

Nevertheless, without any justifiable reason, the Defendant took a crossing, and did not comply with the police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry into the results of the drinking driving control, the ledger of use of a drinking measuring instrument, the circumstantial statement of a drinking driver, the report on the state of drinking driving, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.