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(영문) 수원지방법원 2020.09.24 2020고정1171

도로교통법위반(음주측정거부)

Text

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

At around 18:55 on April 1, 2020, the Defendant conflicts with the ENAS car which was parked while driving the D class III cargo vehicle at the Ccafeteria parking lot located in Suwon-gu, Suwon-si.

"A person who has a conflict of alcohol and a vehicle" means a person who has a conflict of alcohol at the site after having received 12 reports (no. F.). There are reasonable grounds to recognize that the defendant was driving under the influence of alcohol from the border of the Suwon Police Station G District G District H of the Suwon Police Station G District, the defendant, who has smelled with alcohol, who has fluencing, heavy snow, and the walking distance, etc., and accordingly, the defendant was required to take a alcohol test three minutes from about 19:05 to about 19:20 on the same day, but the alcohol test is not required and refused to take a alcohol test.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. Application of Acts and subordinate statutes to the notification of traffic accident reports, accident site photographs, closure photographs of CCTV images at Ccafeterias, circumstantial statements of the driver, and the results of crackdown on drinking driving;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) 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;