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(영문) 수원지방법원 2019.11.28 2019고단5607
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 14,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Power] On July 11, 2019, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from an Ansan District Court.

【Criminal Facts】

Around 05:20 on July 4, 2019, the Defendant was required to comply with a drinking test by inserting the vehicle into a drinking measuring instrument two times from around 05:35 to 05:43 on the same day, for the following reasons: “The Defendant was required to comply with a drinking test by inserting the vehicle in a state where the driver gets on a string of the strings of the vehicle with the headlights of the Dstuna vehicle on the way of passing the vehicle,” upon receiving the 112 report and failing to explain the circumstances leading the vehicle to the E Zone belonging to the Suwon Heavy Police Station E zone, which was called.

Nevertheless, the Defendant did not comply with the request for a so-called police officer to take a so-called “do not take a so-called so-called so-called “do not take a so-called alcohol test” by explicitly refusing to take a so-called alcohol test without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on internal accidents and reports on the state of the operation of primary driving;

1. A CD;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), investigation reports (verification of the same kind of power), and application of Acts and subordinate statutes of one summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of being punished by a defendant for a drunk driving. From June 25, 2019, the penal provision for a drunk driving was strengthened, and the defendant also made a drunk driving even though he/she could easily contact the above circumstances through the media, etc.

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