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(영문) 수원지방법원 안산지원 2020.05.14 2020고단4
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

Punishment of the crime

[Criminal Power] On January 2, 2007, the Defendant was issued a summary order of KRW 700,000 by the Seoul District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

At around 23:10 on October 8, 2019, the Defendant: (a) shocked another vehicle while driving Btop car within the 703 Mag Civil Sports Center parking lot of Mag Civil Sports Center, which was reported; (b) was demanded to comply with the drinking test by inserting approximately 5 minutes of the same day the Defendant was under significant grounds to recognize that the Defendant was under the influence of alcohol, such as being under the influence of alcohol, such as being under the influence of alcohol, such as being under the influence of alcohol, in an inaccurate, a large distance, and a red color belt, and the face was required to comply with the drinking test by inserting it into the drinking measuring machine twice for about 23:15 of the same day.

However, the Defendant did not properly establish the first demand for a alcohol alcohol test, and the second demand for a alcohol alcohol test would not comply with the second demand for a alcohol alcohol test. The Defendant did not comply with a police officer’s demand for a alcohol alcohol test without justifiable grounds, such as not having any reason to take a alcohol test.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in the judgment: Application of criminal records, repeated statements, investigation reports (a) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the fact that the defendant recognized the crime, and the criminal records of the defendant, the criminal act of drinking driving in the past, and the act of refusing the measurement of drinking in this case.

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