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(영문) 수원지방법원 2014.08.13 2014고정1709
도로교통법위반(음주측정거부)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of B-learning passenger cars.

On March 16, 2014, around 02:10 on March 16, 2014, after drinking alcohol in the cafeteria of the mutual unsurf Kim Jong-dong, it was discovered that the driver was divingd in the driver's seat in front of the zone signal stop located in the wife population C at the permissible time, starting from the above place, and was exposed to the policeman E in the zone.

On March 16, 2014, around 02:30 on March 16, 2014, on the ground that there are reasonable grounds to recognize that a police officer was driving under the influence of alcohol, such as booming off the questions of a policeman E, exposing the nature, face, and snow, breatheing, and smelling, etc., he/she did not comply with a request for a drinking test on around three occasions from around 02:30 to 03:02 without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to site photographs, investigation reports, reports on the status of drinking, reports on the actions taken by a drinking driver, and copies of the register using a drinking measuring instrument;

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

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

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