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(영문) 수원지방법원 안산지원 2016.02.16 2015고단3697
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On September 10, 2015, the Defendant driven a motor vehicle under the influence of alcohol by a police officer of an Ansan-gu Police Station F box called out after receiving a report 112, while driving the motor vehicle under the influence of alcohol, such as by driving the motor vehicle at CW on the front side of the YY-gu, Ansan-si, Ansan-si, Ansan-si, the front side of which was parked in the front side by a gallon of D, and driving the motor vehicle at the front of the Y-gu, Ansan-si, the Defendant, upon receiving a report 112.

There are reasonable grounds to recognize it, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the ledger on the use of the drinking measuring instrument, and Acts and subordinate statutes concerning refusal to measure drinking;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's three times of driving alcohol and five times of his previous convictions related to traffic (one time of suspended sentence, four times of fines), the crime of committing a crime during the period of suspended execution due to fraud and obstruction of official duties: The defendant's mistakes; the crime of driving alcohol has no previous convictions exceeding the fine; the crime of driving alcohol has no previous convictions in the same kind after 209; the defendant has no previous convictions in the same kind of crime after 209; the defendant is going to marry

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