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(영문) 수원지방법원 안산지원 2016.06.10 2016고정435
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 14, 2016, while under the influence of alcohol at around 16:53, the Defendant driven a Brane car and was under the influence of alcohol by driving it on the road in front of LG fashion 292 located in the Silung-si 292, and was under the influence of alcohol, by drinking alcohol to the Defendant from a slope D belonging to a police box in the Silung-si Police Station, which called the Defendant upon receiving 112 report, while driving in front of the road.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of alcohol by inserting approximately four minutes from around 17:26 of the same day to around 17:56 of the same day by inserting the whole in four minutes.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of use of photographs and drinking meters at the time of refusal of measurement;

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for mitigation of a small amount of punishment (Article 55) (Article 53 and Article 55 (1) 6) of the same Act (Article 55 and Article 55 of the same Act does not have any record of punishment for the same kind of crime, as well as

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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