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(영문) 수원지방법원 성남지원 2012.08.23 2012고합303
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 January 15, 2012, at the front parking lot of Gwangju City around 15:07, the Defendant: (a) received a report on driving of DNA X-ray vehicles in the said parking lot after drinking alcohol; and (b) there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face, and making it possible to recognize that the Defendant was under the influence of alcohol from the scam F of the Gwangju Police Station Eari Police Station, called out after receiving a report on driving of DE-ray vehicles in the said parking lot, and did not comply with the request for the measurement of alcohol by a police officer without justifiable grounds, even though he was required to avoid the demand for the measurement of alcohol by inserting it over about 30 minutes from 14:

Summary of Evidence

1. Partial statement of the defendant;

1. G statements;

1. A copy of a report on the situation of a drinking driver, a report on the control of drinking driving, and a copy of the usage of a drinking measuring instrument;

1. A report on investigation;

1. Application of Acts and subordinate statutes governing enforcement site 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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