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(영문) 수원지방법원 2021.01.15 2020고단5537
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

피고인은 2020. 6. 6. 01:19 경 수원시 영통구 B 아파트 C 동 앞에서 특별한 이유 없이 D 벤츠 승용차의 경적을 수십 분간 울려 이를 목격한 위 아파트 주민이 ‘B 아파트 C 동 맨 끝 벤츠 검정색 음주차량이 계속 빵빵거린다.

The 112 report was made to “a request to be dispatched within five minutes from a white prole,” which is “a demand to be dispatched within five minutes.”

As above, the Defendant was under influence of alcohol, such as: (a) the resident escaped at his house of 112 on the same day on the same day; (b) the 112 report was received; and (c) the police officer belonging to the police station located in the Suwon-gu, Suwon-gu, Seoul-gu, Police Station Eargu, who was called for, and called for, the 112 report was sent to the Defendant; (d) the Defendant testified that “the said apartment resident had observed that the vehicle was driven in front of, and going to drive the vehicle behind,” by stating that “the said apartment resident was able to walk the string of the light and walk the string of the light.”

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol alcohol measurement without justifiable grounds while putting a desire on the police officer who demanded the alcohol measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of G and H prepared;

1. Statement report on the situation of the driver at the main place, investigation report (report on the situation of the driver at the main place), notification on the results of regulating drinking driving, and investigation report (CCTV image analysis report);

1. Involving the enemy;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Article 148-2 (2) and Article 44 (2) of the Traffic Act, the choice of fines, and the selection of fines, on the basis of the relevant legal provisions and punishment for the crime;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment order requires the Defendant to file a report by making the Defendant feel 112, by continuously sounding the enemy, etc., and accordingly, demand the police officer to measure the drinking of the police officer dispatched.

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