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(영문) 수원지방법원 안산지원 2019.05.08 2019고정234

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 December 8, 2018, the Defendant was requested to comply with a drinking test by inserting alcohol in a breath method three times on the ground that there is a considerable reason to recognize the Defendant as driving under the influence of alcohol from a slope C belonging to the Ganansan Police Station, Police Station B police box of the Gyeonggi-do Police Station, and police officer D, which was dispatched after receiving a report, from the Defendant, on the new road street located in the new road road of the 10 minutes of the Sinsan-si, Masan-si, the Defendant refused to comply with the drinking test of a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes of each photograph (Evidence Nos. 14, 15);

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;