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(영문) 수원지방법원 2019.05.24 2019고단1146
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On February 14, 2019, while the Defendant was under the influence of alcohol at around 00:50, while driving a BMW car and driving a two-lane of the two-lane of the two-lane of the 54-lane in the light bridge village in the Yongsan-si Metropolitan City, the Defendant caused a traffic accident following the C-owned DM7 car, which was stopped at the top of the left-hand part of the said car, leading to a traffic accident.

The Defendant received a report on 112 of the occurrence of the foregoing traffic accident and received a notification from the F and Gman on the background leading to the E District Police Station of the Gangseo-gu Police Station E District, and sent out to the site, and the Defendant snife, snife, snife, walk, and walk-out, etc. on the ground that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, and accordingly, the Defendant arrived at the E District Unit located in He/she is located in the Yongsan-si Zone H on the same day.

In the above E Zone, the Defendant was required to take a drinking test three minutes from 01:30 on the same day to 01:47 on the same day from 01:30 on the same day, but was refused by means of a method of turning off the time.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

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

1. The application of Acts and subordinate statutes to the 112 Reporting Case Handling List and the actual sulfur survey report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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 with regard to a provisional payment order is that the Defendant, even in 2014, is driving with drinking alcohol while drinking alcohol even though he/she had a record of being punished for drinking alcohol.

Even if the police officer's request for the measurement of legitimate drinking is caused by an accident, the quality of the crime is not easy.

However, the fact that the defendant shows a strong attitude against the defendant, and the fact that he was punished in excess of the fine is the past.

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