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(영문) 수원지방법원 2020.02.20 2019고단5782
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 11, 2019, at around 03:00, the Defendant driven B K3 motor vehicles while under the influence of alcohol at a point where approximately 300 meters have elapsed from the IC room of the Sucheon Highway Stacking Office located in Suwon-si, and from the IC room of the Sucheon Highway Stacking Office, the Defendant was required to put the Defendant into the drinking test by inserting three minutes in total on three occasions between approximately 40 minutes on the same day, by causing an accident and making it known to have been driven under the influence of alcohol, such as a snick D belonging to the Suwon Police Station C of the Suwon Police Station C, who was dispatched to the site after receiving the 112 report. The Defendant was required to take a drinking test by inserting the drinking measuring machine at a total of three minutes from approximately 0 to about 04:02 on the same day.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하거나 음주측정기를 손으로 치는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to photographs related to the case, internal reports (Refusal of measurement), notification of the results of the regulation of drinking driving, and investigation reports (report on the status of drinking drivers);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act, based on the following: (a) the Defendant’s age, attitude, environment, criminal records (the criminal records of fines due to drunk driving in 2003), driving circumstances, drinking volume, and other records and arguments, shall be determined as ordered by taking into account the following factors:

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