beta
(영문) 수원지방법원 안산지원 2013.07.24 2013고정1115

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant works as a driver at C&A.

The Defendant, around 00:05 on April 15, 2013, is driving a d presson vehicle on the street in front of the 830-3 location of the Dong-gu, Ansan-si.

was discovered.

At around 00:09 on the same day, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by a police officer belonging to the Ansan-gu Police Station, guard and traffic of the Ansan-gu Police Station, and the traffic safety department, such as crossing snow, opening a little string distance and face, etc., and accordingly, the Defendant was demanded to comply with the measurement of alcohol by inserting the whole breath of alcohol in the place of detection three times at the above 00:31.

그럼에도 피고인은 음주측정기 불 때에 입만 대거나 부는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements concerning the suspect examination protocol of the defendant;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of the photographic Acts and subordinate statutes;

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 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;