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(영문) 수원지방법원 성남지원 2016.02.03 2015고정1264
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 28, 2015, the Defendant: (a) driven a motor vehicle under the influence of alcohol by the E District AssistantF, upon receipt of a report from the E District AssistantF on July 28, 2012 that he/she is driving a drinking at the Del located in Gwangju City on July 28, 2015; and (b) driven a motor vehicle under the influence of alcohol, such as smelling at

There is a reasonable reason to do so, and even if he/she has been requested to respond to the measurement of drinking at intervals of 10 minutes on three occasions, he/she did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of driving at home;

1. A report on the detection of a primary driver;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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