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(영문) 수원지방법원 안산지원 2018.10.19 2018고정652
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

The defendant is a driver of Oralba.

On May 16, 2018, the Defendant driven a vehicle under the influence of alcohol by the Defendant, such as: (a) the police box D of the luminous Police Station D on the front of C at the time of light lighting on May 16, 2018, (b) the police box E belonging to the luminous Police Station D, (c) the Defendant snicking at the Defendant’s entrance from C

On the grounds that there are reasonable grounds to determine a person, it was demanded to respond to the measurement of alcohol by inserting three times, such as the first, second, and third, around 01:42 on the same day, around 01:50 on the same day, and the second, about 01:57 on the same day.

Nevertheless, the defendant, without good cause, failed to comply with a police officer's request for measurement of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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