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(영문) 수원지방법원 2018.12.18 2018고단4410
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Criminal facts

The Defendant, at around 02:00 on July 22, 2018, while driving a drinking car at the D's parking lot located in Suwon-gu, Suwon-si, Suwon-si, caused a contact accident while driving a drinking car at E's. On July 22, 2018, and was reported 112, and was dispatched to the site by G police officers at the police station located in the Suwon-gu, Seoul Special Metropolitan City Police Station, who called to the site, driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant and scaring red on the face

Since there are reasonable grounds for recognition, the defendant voluntarily accompanied by the traffic division of the Suwonn Police Station, and the police officer I from 03:13 to 03:31 on the same day of the same day, the police officer I of the Suwon Southern Police Station and the police officer I of H requested the police officer to comply with the drinking measurement by inserting a drinking measuring instrument four times between 18 minutes and 18 minutes on the same day, but did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statement;

1. A traffic accident report and a report on the detection of a primary driver;

1. Application of the Acts and subordinate statutes to photographs and field photographs taken on the surface of a place refusing to measure drinking;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of a selective fine for punishment (all circumstances, such as the fact that the defendant repents and reflects the crime of this case, and that the driving of drinking alcohol has served only on the fact that he/she was sentenced to a fine of 3.5 million won in light of 2015);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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