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(영문) 수원지방법원 안산지원 2018.03.28 2018고단32
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 12, 2017, the Defendant, while driving a D SP car on the front road of C at Silung-si on September 23:35, 2017, caused a traffic accident that shocks E-Poter freight vehicles, etc. being parked.

The Defendant driven a vehicle while under the influence of alcohol, such as drinking, snicker G belonging to the F District of the Singu Police Station F District, and drinking, snicking on the face of the Defendant, snicking red-lighting, making a drinking reduction due to drinking at around 23:37 on the same day.

There are reasonable grounds to recognize it, and it was demanded to respond to the drinking measurement by inserting the whole in a drinking measuring instrument three times between about 30 minutes.

Nevertheless, the defendant avoided it by making a false statement that he/she cannot put the whole part of his/her respiratory difficulty, and failed to comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Photographs at the time of measuring alcohol consumption;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by police officers dispatched to the scene);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, which include the Defendant’s age, sex, family relationship, and post-crime, shall be considered in the normal relationship with the reasons for sentencing, and the sentence is determined as set forth in the text.

- Unfavorable circumstances: The fact that he/she causes an accident due to drinking driving, the fact that he/she has the record of fine for the same kind of kind of fine: The fact that he/she makes a confession and speaks at the latest

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