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(영문) 수원지방법원 안산지원 2018.04.26 2017고정1304
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 driven at around 00:57 on September 20, 2017, while driving a motor engine device D 124C bicycle on the front road of Heunging C, which was reported after passing it, and was flowed, and was driven under the influence of alcohol by the Defendant, such as smelling the Defendant, smelling it on the face, holding the red on the face, etc.

Due to reasonable grounds, F was demanded from September 20, 201 to respond to the measurement of alcohol by inserting the whole in four times from around 01:30 on September 20, 2017 to around 01:50.

Nevertheless, the defendant refused to put the breathm in a drinking measuring instrument, and failed to comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the G production;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

1. The application of Acts and subordinate statutes to video recording data on confirming driving;

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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