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(영문) 수원지방법원 2016.10.26 2016고정2266

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

The Defendant is a person who drives BYFLI car as his duties.

On February 27, 2016, at around 05:35, the Defendant was required to comply with a drinking test by inserting the breath of alcohol into a drinking measuring instrument over about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, making the breath on the face, etc., from G during the police box belonging to the Sungdong Police Station, which was stopped at the center of the road, and reported that he was a person in the Estyna vehicle volume stoppeded at the center of the road.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니한 것이다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of each drinking driver;

1. Application of the statutes governing field photographs and CCTV images CDs for crime prevention;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for 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.