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(영문) 수원지방법원 안산지원 2014.12.23 2014고정1583

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

The defendant is a driver of a passenger car by borrowing B.

around 00:36 on August 19, 2014, the Defendant is driving the said vehicle under the influence of drinking in the front of the community credit cooperatives, the welfare-based 43 times in the event of the Gyeonggi-si.

There are reasonable grounds to recognize that a parked vehicle was driven while under the influence of alcohol, such as smelling alcohol from D and snicking on the face by a policeman in the police box of the Sinung Police Station, which caused a traffic accident where the parked vehicle was parked, and thus, it was demanded to take a drinking test by inserting it into approximately three times from around 01:12 to around 01:32 of the same day, but it did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning accidents, such as traffic accident reports, traffic accident reports, circumstantial reports of drivers, photographs refusing to measure, copies of the usage register of breath meters, and photographs related to accidents;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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;