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(영문) 수원지방법원 2018.01.11 2017고정3127
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 7, 2017, the Defendant driven a B observer car at a distance of about 200 meters from the front day of the 479-ro 19, a 279 Simpon, from the Simn-si, Simp, Simwon-si, to the front road of the 272-ro Dompon, with the same headal bridge, with approximately 200 meters from the front day of the 272 Simpon.

The Defendant driven a vehicle under the influence of alcohol, such as making a breathous, snicking, face, and breathing, etc., from a slope D belonging to a police box in the south of the Suwon Police Station, who was dispatched after receiving a report of 112 on the driving of alcohol, by the Defendant.

There is a considerable reason to determine a person who has not complied with a police officer's request for the measurement of drinking without any justifiable reason, such as a defect that is to go through, close the door of the vehicle, leave the site, and express his/her intention to refuse the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of a driver in charge, notification on the results of regulating drinking driving, application of field photographs, and CCTV-related Acts and subordinate statutes;

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

1. Selection of punishment: Selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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