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(영문) 수원지방법원 2018.04.25 2018고단724
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant does not pay the above fine, 70 days.

Reasons

Punishment of the crime

On January 21, 2018, at around 05:10, the Defendant: (a) driven a car parked on the front side in Suwon-si B, Suwon-si; (b) caused a traffic accident involving a car parked in that location while driving the car at the DY Hack Hack Hac, while drinking, and at around 08:30 on the same day, the Defendant was found to have left the scene without taking any measure after the occurrence of the traffic accident while being investigated at the 4 team office of the Police Station in Suwon-gu, Suwon-si, Suwon-si, Suwon-si, Suwon-si, Suwon-si, and was driven under the influence of alcohol, such as drinking and drinking on the face.

Due to reasonable grounds to determine a person, the head of the Suwon Police Station E and the head of the police station affiliated with the Suwon Police Station demanded that the person comply with the drinking test by inserting the whole influence between approximately 21 minutes from around 08:54 on the same day to around 09:15 on the same day.

Nevertheless, the defendant expressed his intention to refuse to take a drinking test, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and investigation report on the circumstances of driving at home (report on the circumstances of the driver at home);

1. Photographs showing the surface of a place where drinking is refused to be measured;

1. Application of statutes on site photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouse [the scope of statutory penalty] The sentence of imprisonment with prison labor for not less than one year but not more than three years or a fine of not less than five million won but not more than ten million won [the decision of sentence] was disadvantageous: the Defendant committed the instant crime under the suspension of the execution of ten months for special intimidation at the Seoul East Eastern District Court on April 28, 2016, while the Defendant was sentenced to the observation of protection and the judgment became final and conclusive, it is advantageous that the Defendant committed the instant crime under the suspension of the execution of ten years for a period of suspension of the execution of ten years for a period of imprisonment with prison labor, and caused physical accidents under the influence of drinking alcohol and driving.

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