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(영문) 수원지방법원 안산지원 2017.11.29 2017고정1102
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 April 8, 2017, the Defendant: (a) driven a parked vehicle while drinking a two-lane road in front B in front of the Silungdo on a drinking-do 20:30 on April 8, 2017; (b) was exposed to the collision and detection of the parked vehicle; and (c) was driven under the influence of alcohol by a policeman belonging to the Silung Police Station D, such as smelling alcohol to the Defendant, making a redlight on the face.

There was a reasonable reason to determine a person, who was requested from around 20:50 on the same day to around 21:10 on the same day to respond to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument three times on the same day.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Photographs of data requested for the measurement of drinking;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the defendant’s age, sex, family relation, etc., shall be considered in the normal relationship following the reason for sentencing, and the punishment is determined as ordered.

· Unfavorable circumstances: The defendant's vehicle while driving in the state of full contact with the accident and refused to take a drinking test; the defendant's vehicle was able to drive in the year 2008; the defendant's confession and reflects it;

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