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(영문) 수원지방법원 안산지원 2015.04.10 2014고단3240
도로교통법위반(음주측정거부)등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 2,00,000 won.

Defendant B did not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A’s crime;

A. Violation of the Road Traffic Act (Refusal to measure a drinking level) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking at the Defendant’s entrance, smelling at the bar of the Annsan Winter Police Station D District Zone of the Annsan Winter Police Station, which was called out, and making a stop of the vehicle while driving the vehicle at the same time on the street in the 10th of the Annsan Winter Police Station located at Ansan-si, Annsan-si, Annsan-si, the 10th of August 14, 2014, but did not comply with a request for a drinking level for at least three minutes, without justifiable grounds, even though the Defendant was under the influence of alcohol, such as drinking at the Defendant’s entrance and drinking and drinking at the face of the vehicle.

B. On August 19, 2014 and September 2014, the Defendant: (a) knew the personal circumstance that the her mother, who is a proxy driver, was in her exchange; and (b) requested B to receive an investigation as if her driver, as if her mother had been a driver of the said vehicle; (c) on September 19, 2014, B voluntarily attended at the traffic survey department of the Ansan Military Police Station at around 009, and led B to escape of the said vehicle by making a false statement to a slope F, who was under the investigation of the said case, driving the said vehicle on the front of the Ansan Police Station located in the place where the vehicle was discovered, in order to escape criminal punishment at a restaurant.

2. The Defendant, despite being aware of the fact that he committed a crime corresponding to a fine or heavier punishment as above, was committed by the Defendant A, was present at the Transport Investigation Department office of the Ansan Police Station around 10:09 on September 19, 2014, and made a false statement to Defendant B that “The Defendant driven the above vehicle up to the front of the Ansan Police Station of the Ansan Police Station where the Defendant was exposed,” thereby allowing the criminal to escape.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Report on the situation of a drinking driver, and the ledger of users of a drinking instruments;

1. On-site photographs;

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