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(영문) 수원지방법원 안산지원 2015.08.18 2015고정672
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

The Defendant, at around 20:00 on March 16, 2015, driven a rocketing-top vehicle and proceeded along four lanes in the direction of the private road in the front of the common road of Ansan-si, Ansan-si, the Defendant received the front right side of the E1 ton cargo vehicle after the right side of the E1 ton cargo vehicle.

The Defendant was required to respond to the measurement of alcohol by inserting the breath of approximately 30 minutes (round 20:37, 20:47, 20: 3:57, 20: 20:57), from the police officer G working for the F police box that was under the influence of the foregoing accident, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as taking a response to the sobreath of alcohol while working for the F police box that was under the influence of the above accident, smelling the Defendant, smelling the alcohol, making the Defendant snick, sn

그럼에도 불구하고, 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Legal statement of witness G;

1. The actual condition of traffic accidents (1) (2);

1. A traffic accident occurrence report;

1. Notification of the control of drinking driving;

1. The user ledger of the measuring instruments for drinking;

1. Three copies of a investigation report (report attached to photographs) and photographs;

1. Application of Acts and subordinate statutes on accident-related photographs;

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 (1) 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;

1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;

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