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(영문) 수원지방법원 2013.07.03 2013고단984

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 23:30 on March 12, 2013, the Defendant: (a) obstructed the central line while driving a phids LPG car on the front side of the Aphids No. BG car at Suwon-si; and (b) shocked the D highest PPG car driven by C while driving it.

The Defendant, while walking, walking, in an inaccurate manner at the foregoing time and place, and there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as her walking, in an inaccurate manner, and her face belting, requested a police officer to comply with a drinking test by inserting three times from the border E on March 13, 2013 to 0:40 on the same day, and failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs refusing to measure drinking;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant laws concerning criminal facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the selection of a fine shall be made by taking into consideration all the circumstances, including the fact that there is no record of punishment due to drinking, driving without a license, etc. after 198, confession, reflectiveness, and the fact that there is no special criminal record other than the fine);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;