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(영문) 수원지방법원 2013.09.11 2013고정1838
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 February 2, 2013, around 11:13, the Defendant: (a) driven a road prior to the 364-5 minutes prior to the 364-5 minutes prior to the 13th century with drinking, and caused a traffic accident; (b) there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, by driving the motor vehicle at Category C New Franch, and by driving the motor vehicle at the D District Police Station E upon receiving a report, and by driving the motor vehicle under the influence of alcohol, from the police officer in the D Zone E, the Defendant was demanded from around 12:45 to around 13:15 to comply with the 30 minutes of a drinking measuring instrument.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol consumption without justifiable grounds by avoiding such demand through a method such as taking a dog, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and circumstantial reports on drivers;

1. Application of Acts and subordinate statutes on site photographs, vehicles and scene after the accident site photographs, photographs of suspects, and acts and subordinate statutes on refusal to measure drinking of suspects;

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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