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(영문) 수원지방법원 성남지원 2016.08.18 2016고정690

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant, while drinking alcohol at around 04:26, driven a B-car owned by Hyundai Capital, from the front day of the 13-5 seeds, a 267-ro Do-ro 267, to the 10-ro 138-ro Do-ro Do-ro 138, an old-ro Do-ro 10, an underground 2-story.

A person who drives a vehicle while under the influence of alcohol, such as the inafluence of smelling and inafluence and inafluence.

There is a reasonable reason to designate a person, and it was demanded to respond to the measurement of drinking alcohol by inserting approximately 37 minutes in a drinking measuring instrument from a slope D service for a police box of a branch police station C.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하며 정당한 이유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. Application of video-related Acts and subordinate statutes at the time of detection;

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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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;