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(영문) 수원지방법원 2018.04.05 2018고정52

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant driven a vehicle under the influence of alcohol on September 19, 2017, including drinking alcohol and drinking alcohol, drinking alcohol on the front side by a police box of the Suwon-gu Police Station D, which called the Defendant, after receiving a report from 112 on September 19, 2017, while driving a Kasta car on the front side of the Suwon-gu, Suwon-gu, Suwon-gu, Suwon-gu, the police box of the Suwon-gu Police Station D, which called the Defendant.

Due to reasonable grounds, 08:16 on the same day, 08:21 on the same day, 08:26 on the same day, 08:26 on the same day, and 08:31 on the same day, it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument over about 15 minutes.

Nevertheless, the defendant avoided the wind of the drinking measuring instrument and did not comply with the police officer's request for the measurement of drinking without any justifiable reason.

Around June 27, 2017, the Defendant, “2018 High 297,” on the part of “G main points in which the Defendant works in F4 stories in Young-gu, Suwon-si, Suwon-si, and the Defendant did not pay the drinking value in full, and the Defendant did not pay the drinking value to the victim H (29 years of age) one time by hand, and the victim H (29 years of age) was her hand, and the her escape led the victim to the above G main points of the building, and the her escape led the victim to the injury of the victim, such as a spathy, which requires approximately two weeks of medical treatment.

Summary of Evidence

[2018 High Court Decision 52]

1. Statement by the defendant in court;

1. A written statement of I;

1. A traffic accident report, a report on the circumstances of the driver at the main place of business (2018 high court 297 high court 201);

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H (referring to August 22, 2017);

1. Application of Acts and subordinate statutes of Assault-related photographs (H) and written diagnosis of injury (H);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (a point of refusing to measure drinking), Article 257 (1) of the Criminal Act (a point of harm), the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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