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(영문) 수원지방법원 2014.04.04 2012고합618
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On May 18, 2012, at around 21:50, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling and smelling on the face, while driving the C Sp-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-

Nevertheless, the defendant avoided it in a manner that does not take part in a drinking measuring instrument and did not comply with a police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A statement prepared by the F;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes to field photographs (in the form of a suspect's own body in the vehicle), photographs measuring the suspect's drinking, and photographs measuring the suspect's drinking;

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. The defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act on July 3, 2003 of the order of provisional payment is sentenced to imprisonment for 10 months for a crime of violation of the Road Traffic Act (driving) and a suspended sentence of 2 years, etc. on July 3, 2003, and was sentenced several times for a drunk driving, but again, he did not comply with a police officer's request for measurement of alcohol without any justifiable reason as stated in the judgment, and thus, there is a need to strictly punish the defendant

However, the defendant shows the attitude of reflecting all of the crimes at an investigative agency, and there is no record of criminal punishment heavier than the suspended sentence, except the above criminal records, and the defendant's character and behavior, the motive, means and consequence of the crime of this case, and the situation after the crime is committed.

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