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(영문) 수원지방법원 2017.09.28 2017고정1633
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B.

On July 29, 2013, the Defendant driven a vehicle under the influence of alcohol, such as the Defendant, from D’s policeman affiliated with the Police Station C at the Southern Police Station C of the Suwon-gu Seoul Police Station, where the Defendant was driving the said vehicle at a low-priced level adjacent to the Dong of the Young-gu, Young-gu, Suwon-si, which is located in the Dong of the Young-gu, Suwon-si, and confirmed whether he was drunk by drinking.

On the same day, there was a reasonable reason to determine a person, and at around 00:19, it was demanded to respond to the measurement of alcohol by inserting the whole in a measuring instrument for drinking.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만하며 같은 날 00:29 경부터 00:59 경까지 약 3회에 걸쳐 정당한 사유 없이 이에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver driving, notification on the results of regulating the driving of drinking, and application of Acts and subordinate statutes governing the crackdown on drinking;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of punishment: Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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