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(영문) 수원지방법원 2020.01.15 2019고단7385
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 01:03 on November 16, 2019, the Defendant was required to comply with the measurement of alcohol by inserting alcohol into a drinking measuring instrument three times at around three times, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, and rhythm from the border D belonging to the Suwon-nam Police Station, while driving C Cost Star Car with drinking in the parking lot B in Suwon-si, Suwon-si.

Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (11 pages), investigation reports (report on the situation of a drinking driver), notification of the results of the regulation of drinking driving, and application of Acts and subordinate statutes on site photographs;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) and 44 (2) of the Road Traffic Act that choose a sentence, the selection of fines (the reflection of the fact, the fact that there exists no criminal power for the last ten years or more, and the fact that no accident occurred at the time of driving under the influence of alcohol, etc.);

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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