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(영문) 수원지방법원 2018.04.27 2018고정405

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On December 14, 2017, 01:24, the Defendant: (a) was discovered to be in a state of drinking from around 1km to around 32, Suwon-si, Suwon-si, Suwon-si, which was a small unit of Suwon-si, and was found to have driven the car volume from around 181 to around 32, Suwon-si, Suwon-si, Suwon-si.

At the time, the Defendant driven the said vehicle while under the influence of alcohol, such as smelling with a large amount of smelling, setting the redlight on the inside of the inside.

Since there are reasonable grounds to designate a person, the police box C of the Suwon Police Station was requested by the chief of the police box affiliated with the Suwon Police Station C to respond to the measurement of drinking by inserting the whole in part three times for about 18 minutes from D to the police box.

Nevertheless, the Defendant, without justifiable grounds, failed to comply with a police officer’s request for a alcohol test by avoiding the method of crossing and continuously demanding water.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and report on the results of regulating drinking;

1. On-site control photographs, and the report processing statement of 112 cases;

1. Application of CD-related Acts and subordinate statutes (on-site control images and photographs);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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;