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(영문) 수원지방법원 안산지원 2015.05.07 2015고정203

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 November 08, 2014, the defendant was found to move from the driver's seat of the vehicle in the above A to the scene by a police officer, etc. who was called up after receiving a report that "I am out of the vehicle" in the front of the member's class C in Ansan-si, Ansan-si, the defendant was found to have moved from the driver's seat of the vehicle in the above A Ga under the situation where I am out of D am. The defendant was also considered to have been seated by the reporter.

The Defendant was demanded to comply with the alcohol test by inserting the breathm of the 7th Hasan-si, Ansan-si, the 7th Hasan-si, and the 21:50 on the same day, and 21:54 on the same day, and 21:54 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making the Defendant sniffly, sniffly, sniffly, and sniffly, sniffly, sniffly, by inserting the Defendant from F.

Nevertheless, the Defendant refused to comply with a police officer’s request for a drinking test without justifiable grounds, by evading a police officer’s request for a drinking alcohol measurement, such as avoiding a police officer’s request by driving a cell phone, and avoiding it by entering a drinking measuring machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning G;

1. Investigation report (to direct the prosecutor);

1. A report on the statement of his/her oral statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of the Acts and subordinate statutes on black stay video works;

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.