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(영문) 수원지방법원 평택지원 2019.05.23 2019고단33

도로교통법위반(음주측정거부)등

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Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 29, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the DK7 car from approximately 2 km to the roads of Pyeongtaek-si apartment to the front of the same city without obtaining a driver’s license on December 29, 2018.

2. On December 29, 2018, at around 01:56, the Defendant violated the Road Traffic Act (Refusal of Measurement) (hereinafter “Road Traffic Act”), driven a DK7 car on the front of Pyeongtaek-si C, while driving the DK7 car in a drunken state, the Defendant shocked the Indian seat installed at the edge of the road into the said car and stopped the said car on the said place.

Upon receipt of the report of the above traffic accident, the Defendant was required to respond to the measurement of drinking alcohol by inserting the whole breath between about 15 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as drinking, smelling, fluor F belonging to the Bupyeong-gu Police Station E Zone E zone, and breathing, etc. in the breath and face.

Nevertheless, the Defendant refused to put the part of a drinking-free measuring instrument into a drinking-free measuring instrument, and failed to comply with a police officer’s request for a drinking-free measuring instrument without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Notification of the results of regulating drinking driving, a survey report on actual condition, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to a photograph of a black stuff image and a photograph of a closure of a measuring obstruction;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the selection of fines;

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

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

1. The criminal defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is immediately subject to the punishment of a fine due to a drunk driving, and the crime of this case is not good, but the criminal defendant's own.