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(영문) 수원지방법원 안산지원 2020.06.25 2020고정326
도로교통법위반(음주측정거부)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On January 13, 2020, the Defendant, while under the influence of alcohol on the road front of the Yak-gu Yakdong B apartment in Ansan-si, Ansan-si, 2020, started driving a vehicle with the Defendant’s possession of the CSpo-gu, and caused a traffic accident that shocks the back of the DSpo-gu car that was parked at the front of the career.

Upon receipt of the above traffic accident report, the police officer F, etc. belonging to the Ansan Police Station E Zone E District of the Ansan Police Station was examined the Defendant at the site of the accident, and there was considerable reason to see that the Defendant was driven under the influence of alcohol, such as snicking at the Defendant’s entrance, snicking on his face, etc. In addition, at the time, the reporter was also identified the Defendant and the Defendant was called “the person who caused the traffic accident during the operation of the vehicle. I directly tried to move from the driver’s seat after the accident.. I directly tried to do so.” On the other hand, the Defendant requested 4 minutes between 20 minutes and 4 times (20:06,00:11,00:17,000,000:22) to comply with the alcohol test by inserting the drinking measuring machine during the influence of alcohol.

Nevertheless, the defendant avoid this, and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual condition of traffic accidents (1) (2), an accident, and photographs of the status of refusal to measure alcohol;

1. Application of Acts and subordinate statutes to report on investigation (report on the circumstances of an immigration driver);

1. Relevant Acts concerning facts constituting a crime and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose a penalty;

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 was that the Defendant denied the driving itself at the time of detection, and that the accident caused by driving. However, the Defendant recognized his mistake, the Defendant did not have any criminal punishment so far, the driving distance did not change, and the scale of the accident was not significant.

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