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(영문) 수원지방법원 안산지원 2020.01.16 2019고단2975
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 5, 2019, at around 23:39, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking level) and there are reasonable grounds to deem that he driven an E E E E E E E E E E E E E E E E E E E E E E E E E E E while driving from around 50 meters from the front side of the Y-gu, Ansan-si, Ansan-si to the front side of the D D D D D D D D D D D D D D D D D D in the former part of the Gu, and the blood color was red and heavy snow snow, etc., at the above place, the Defendant was demanded to comply with the alcohol measurement by inserting it into G three times for 15 minutes from G while he was on duty, but did not comply with the above request for the alcohol measurement without justifiable grounds.

2. Around July 23:39, 2019, the Defendant: (a) driven a e-mail car without a vehicle driver’s license on a section of approximately 500 meters from the front of the Yandong-gu, Ansan-si to the front of the Dridge located in the same Gu C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license) and the selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;

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