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(영문) 수원지방법원 2015.01.16 2014고정3290

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 August 26, 2014, at around 00:05, the Defendant driven approximately 10 meters in front of the restaurant "D" in the case of ethurgnization of B-to-purgn vehicle while under the influence of alcohol.

At the time, there are reasonable grounds to recognize that a defendant was driven while under the influence of alcohol, such as smelling, sniffing, breathing, and breathing red on face, etc., the defendant was demanded to respond to the measurement of alcohol by inserting ten minutes at intervals of ten minutes from the slope F belonging to E District, a traffic officer, from August 26, 2014 to 01:17 the same day.

Nevertheless, a police officer 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. G statements;

1. Application of Acts and subordinate statutes to notification of the report on the state of drinking drivers and the control of drinking driving;

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;