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(영문) 수원지방법원 평택지원 2014.01.16 2013고정574
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

On May 12, 2013, at around 13:35, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments into a drinking measuring instrument for about 35 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking alcohol from an slope E belonging to the traffic control division of the Ansan Police Station, while driving a D's low-pollution vehicle in front of the Haak-si, which is located in the frithic frithic frithic frith, while drinking, and driving the D's frithic frithic frithic frithic frithic frithal frithr.

Nevertheless, the defendant merely stated that he would be able to do so, but did not put the whole in a sobling measuring instrument, and did not comply with the request for a sobling test by the police officer without justifiable grounds.

Summary of Evidence

1. Legal statement of witness E and F;

1. A written statement of E and F;

1. Making a report on the control of drinking driving;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes governing the request for measurement of drinking;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The evidence collected against the suspect of the defendant's refusal to take a drinking test by the victim of the crime committed by the victim of the crime is not admissible since the crackdown police officers informed the defendant of the crime of the drunk driving, not the refusal to take a drinking test while arresting the victim in the crime, and thus, it cannot be deemed that there was a considerable reason to recognize the driving under the influence of alcohol because the defendant was not in a state of drinking at the time of the judgment of the court below, and even though the defendant requested blood collection, the control police officers refused to take a drinking test without accepting it.

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