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(영문) 수원지방법원 2020.11.20 2020고단6297
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant was issued, at the Suwon District Court, a summary order of KRW 2.5 million on January 14, 201, and a summary order of KRW 5 million on November 27, 201, by a fine of KRW 5 million on November 27, 201.

On August 31, 2020, at around 21:57, the Defendant was demanded to comply with a alcohol test by inserting alcohol measuring instruments into a drinking measuring instrument over about 20 minutes, on the front of the Suwon-si B, and the Defendant was found to have been using the her face while driving the electric kackboard while drinking, and facing the face while driving the electric kackboard. The Defendant was demanded to comply with the alcohol test by inserting it into a drinking measuring instrument over about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving of a motor vehicle under the influence of alcohol, such as where the Defendant’s face is red, impossible to drive alone, and it is confirmed that the drinking is a drinking reduction.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving or refusing to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol, report on internal history, and on-site photographs;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Report of investigation (verification of electric kickboards), three kickboard photographs, and one photograph of website;

1. Records of judgment: Application of second-class Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty for a crime;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, who driven the knick knick knick, has a alcohol driving force, does not comply with the alcohol alcohol measurement by the police officer, and the nature of the crime is somewhat weak.

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