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(영문) 수원지방법원 안양지원 2017.08.17 2017고정404

도로교통법위반(음주측정거부)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On January 29, 2017, the Defendant driven a pair of apartment houses located in Sinpo-si, Sinpo-si, Sinpo-si, 05:00, while driving the said DK3 car while drinking alcohol on the road. On the road, the Defendant driven the vehicle under the influence of alcohol, such as drinking and smelling red on the face from the slope F belonging to Sinpo-si, Military Police Station Earpo-si, to the Defendant.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant refused this and did not comply with the police officer's drinking measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of the Acts and subordinate statutes to photographs taken to measure the vehicle and drinking at the time of detection;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. A fine of five million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that all kinds of conditions for sentencing, including the fact that the defendant is against his/her wrong mistake, the background and circumstances of the crime, circumstances