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(영문) 수원지방법원 평택지원 2014.02.07 2013고정444
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 05, 2012, at around 02:35, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, smelling, sniffing, sniff at the site after receiving a report from the Estststynoping the Estyn vehicle while drinking the road prior to the “Dju” store in Ansan-si.

그럼에도 피고인은 음주측정기에 입김을 불어놓는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The suspect's interrogation protocol of some police officers;

1. Each legal statement of witness F, G and H;

1. Report on actions taken against an employer, and report on the status of the employer-employed driver;

1. The criminal extradition and the actual investigation report;

1. Refusal of drinking alcohol measurement and application of Acts and subordinate statutes to photographs on accident sites;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The defendant and his/her defense counsel's assertion on the assertion of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant was a substitute driver and the driver did not drive the vehicle while drinking.

In other words, the following circumstances acknowledged by each evidence of the holding, i.e., ① a witness H has consistently stated that the Defendant was frightening on the vehicle from the investigative agency to the court and frighting on the G vehicle by driving the vehicle, and ② the Defendant was at the police investigation stage with respect to the reasons for building the vehicle at the time of police investigation.

In addition, I think that it is well locked in the vehicle, and will act as an agent.

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