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(영문) 수원지방법원 2018.05.31 2018고정582

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

On February 7, 2018, the Defendant driven a B Twork vehicle in the vicinity of any volcanic underground roadway located at 47 a.m. 697 m., from the Suchip D belonging to the police station C District of the Suchip among the water sources, while driving the vehicle under the influence of alcohol, such as drinking alcohol, a little red color, etc.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument four times.

그런데 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the video CD-related Acts and subordinate statutes

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;