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(영문) 수원지방법원 성남지원 2015.04.16 2014고정1948
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

The Defendant is a driver of a vehicle for riding C bargaining, which is owned by a DNA Pream Co., Ltd.

On August 6, 2014, at around 00:50 on August 6, 2014, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breath in a so-called alcohol measuring instrument while driving the said vehicle under the influence of drinking one km from the Assistant Inspector E of the Hanam Police Station D commander of the Hanam Police Station, while driving the said vehicle at the same time with the same 100 speed from the flascing of the 1st century to the front road.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Photographs;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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. Article 334(1) of the Criminal Procedure Act of the provisional payment order [Article 334(1) of the Criminal Procedure Act of the defendant asserts that the police did not neglect the demand of the police to measure alcohol by blood sampling at the time of the case. However, according to the evidence above, the defendant escaped to a kidy elementary school by avoiding a police officer who intends to measure alcohol consumption, and it is recognized that the defendant's argument is only reasonable since it is a small range of school surrounding the police officer E, etc. who has been demanded to measure alcohol so that the police officer's drinking level might bl

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