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(영문) 수원지방법원 성남지원 2016.05.26 2016고단282

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On October 31, 2015, the Defendant driven a T-Wp loan around 19:33, and driven a approximately KRW 200 meters section from 554 Songnam-dong, Sungnam-dong, 563 to the road near the same 563 location.

At the time, the defendant was driven under the influence of alcohol, such as making a fluorous color red, smelling a smell, cutting a horse, drinking a drinking, etc.

As there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting about 40 minutes from around 18:51 to around 19:31 of the same day, a total of 40 minutes of a police box C, which was demanded from approximately 40 minutes of a police box D to have a measuring instrument for drinking.

Nevertheless, the defendant did not comply with a legitimate police officer's demand for measurement of drinking without any reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Investigation report (to hear and report the statements of the shots);

1. Photographs at the time of measurement;

1. The application of the Act and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;