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(영문) 수원지방법원 2019.11.28 2019고단4598
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 21, 2019, the Defendant was required to comply with the drinking measurement in a manner of inserting alcohol in a total of three times from 14:40 to 14:54 on the same day, while driving a brea-purd passenger vehicle on the side of the Gyeongcheon-dong Police Station, which was dispatched after being reported 112 as a consequence of shocking the street while drinking on the side of the Gyeongcheon-dong Police Station, in a state of drinking on the breath of the bridge, which is located in the agency of the brea-gu Sinan-si, the Defendant: (a) on June 21, 2019.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하거나 이를 회피하는 방법으로 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to notification of the results of drinking driving control, rejection of measurement, photograph and investigation report (report on the circumstances of drinking drivers);

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. Normal circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that confessions and reflects the fact that there has been no previous convictions in the last five years: The fact that there has been two previous cases, traffic accidents have occurred, and other conditions of sentencing as shown in the arguments and records, such as the age, attitude, environment, driving circumstances, distance, drinking volume, and the circumstances after the crime, etc., shall be determined as per the order.

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