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(영문) 수원지방법원 여주지원 2013.12.06 2013고정463
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 May 11, 2013, the Defendant, while driving a Bolol in a state of drinking on 03:10, and driving an XG car in a state of XG, coming into the vicinity of the Magsa, Mymna, Mymna, Mymna, and coming into the vicinity of the Mymna, Mymna, Mymna, Mymna, and coming into the vicinity of the Mymna, coming into the vicinity of the Mymna,

At the time, a witness was identified to have driven a drinking beverage by the defendant, and there are reasonable grounds to recognize that the defendant was driven under the influence of alcohol, such as sniffing a smell, sniffing a sniffing, and driving the body in the influence of alcohol, etc., the defendant avoided the request of the defendant to comply with the measurement of drinking alcohol by inserting the brea of a drinking measuring instrument three times from 04:26 to 05:04 on the same day.

As a result, the defendant did not comply with the police officer's request for sobage measurement without justifiable reasons.

Summary of Evidence

1. Each police statement of E, F, and D;

1. A report on the actual state of the driver;

1. 119 emergency medical services and first-aid services;

1. Application of Acts and subordinate statutes to field photographic materials, refusal of measurement;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (amended by Act No. 11780, May 22, 2013); the choice of fines for criminal facts;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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