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(영문) 수원지방법원 2020.01.15 2019고단6217

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On June 15, 2019, at around 00:45, the Defendant was required three times to respond to a drinking test by the respiratory method, on the grounds that there are reasonable grounds to suspect that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking of Cenz motor vehicle operated by the Defendant at the front of B on the road at the king-si, after receiving a report of 112 that the Defendant would be suspected of driving a motor vehicle of Cenz on the 15th day of B, and that the Defendant’s face from F was red and smelled from F, and that he did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The investigation report (the report on the status of the driver), the investigation report (14 pages), and photographs at the time of crackdown;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the selection of fines (i.e., a white point; the degree of the driving at the time; the records of the driving at the time; and the records of the one-time drinking, etc.);

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;