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(영문) 수원지방법원 2014.09.29 2014고합291
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 12, 2012, the Defendant was demanded to comply with the drinking test by inserting the breath of a drinking measuring instrument over about 30 minutes, such as smelling and smelling on the face, while driving C vehicles on the road in front of the 300-on, Suwon-si, Suwon-si, Suwon-si, which was in front of the 300-on, while driving C vehicles, from the slope E belonging to the police box of the Suwon Police Station, to the Defendant, and making it possible for the Defendant to be deemed to have driven under the influence of alcohol, such as smelling and smelling on the face.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. Application of the circumstantial report on a drinking driver, the report on detection of a drinking driver, and the Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The defendant for sentencing of Article 334(1) of the Criminal Procedure Act on June 14, 2007 under the sentence of Article 334(1) has been punished several times by imprisonment for a violation of the Road Traffic Act (driving) on the grounds of the crime of violation of the Road Traffic Act on June 14, 2007, such as a suspended sentence of 8 months or a suspended sentence of 2 years, but he/she again failed to comply with a police officer's request for measurement of drinking alcohol without justifiable grounds as stated in the judgment. Thus, there is

However, the sentencing conditions in this case, such as the defendant's personality and behavior, the motive, means and result of the crime in this case, and the circumstances after the crime, shall be determined as ordered by considering the following factors.

It is so decided as per Disposition for the above reasons.

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