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(영문) 수원지방법원 여주지원 2019.08.23 2019고단657
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 2, 2019, around 04:53, the Defendant was found to be exposed to E and two guards, who were dispatched while driving the Poter vehicle at the intersection B and C at the intersection C, on July 2, 2019.

The Defendant refused to comply with a request for measurement of alcohol without justifiable grounds, on the grounds that there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling, and photographing of face with red shocking, and that he was required to comply with a measurement of alcohol by inserting the breath on the same day from E, etc., around 04:53 on the same day, around 04:59 on the same day, around 05:08 on the same day, and at around three times, around 05:08 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Report on the circumstances of the driving of a motor vehicle;

1. Application of Acts and subordinate statutes on site photographs of non-compliance with measurement;

1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is decided as above by comprehensively taking account of the following: (a) the time when the reason for sentencing under Article 334(1) of the Criminal Procedure Act is recognized and reflects on the order of provisional payment; (b) there is no record of punishment other than the punishment of a fine once due to drinking driving around around 2009; (c) the fact that drinking becomes an issue of overdue pay; and (d) the Defendant’s age, character and conduct, and environment, etc.

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