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(영문) 수원지방법원 안산지원 2014.03.26 2013고정2263
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 22:22 on July 23, 2013, the Defendant was driving a DNA car over the 8km section from the center near the central station located in Ansan-si in the same Gu, to the front of the Defendant’s house located in the same Gu C.

The defendant runs along a road in dangerous manner, such as overtaking a vehicle in front of it, driving a road on the road with a driver's license or driving it on the road, cutting it down with a central line, and cutting it down, etc., and the police officer's stop on the part of the police officer's drinking control in front of the Ansan Arts Center located in the members of Ansan-si in Ansan-si, Ansan-si.

The report was received by a witness who had driven a vehicle in the rear side by showing the same behavior as drinking a vehicle, such as raising a speed without complying with the Gu, and was 112.

At around 22:45 of the same day, the Defendant was visited by the Defendant at the office of the above Defendant, after receiving the said 112 report, by the Assistant F of the Ansan Police Station Escopian, and the patrolman at the time, and had considerable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s 112 report, on the face of spopn and smelling spopn, etc., and was demanded from around 23:18 to 23:48 of the same day to comply with the alcohol measurement by inserting four times in a manner of inserting the 112 report in front of the Defendant’s house, along with an explanation that the Defendant was suspected of driving under the influence of alcohol.

Nevertheless, the Defendant alleged that he was drinking after driving, and avoided it without being supplied to a drinking measuring instrument, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A statement prepared by H;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. Application of the Acts and subordinate statutes on reporters' vehicle records and video records CDs;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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