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(영문) 수원지방법원 2014.04.09 2013고정3594
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 11, 2013, the Defendant is a truck driver of C, and around 22:10 on September 22, 2013, the Defendant driven the 3-lane from the upper 28th street to the upper 211-3rd street of the same area.

The Defendant refused a police officer’s demand for the measurement of alcohol without justifiable grounds, even though the Defendant requested a police officer to comply with the alcohol testing method by inserting the breath of a drinking measuring instrument three times from the Jinsung Police Station Down Police Station Assistant assistant E, when there are reasonable grounds to recognize that he/she was driving the above cargo while under the influence of alcohol, such as smelling in the entrance.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to a report on the status of running a driving and the detection of a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 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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