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(영문) 수원지방법원 안양지원 2014.08.28 2014고정683
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

around 21:10 on April 24, 2014, the Defendant drinked alcoholic beverages at the frequency of the mutual aesthetic distance in the Ansan Agricultural and Fishery Products Market located in the Ansan-si, and driven C(K) 5 cars from the distance of the How line located in the Howdong-dong in the Ansan-gu in the Ansan-si, and was under the control of the suspicion of drunk driving from D, who is under the control of the Military Police Station's Traffic Management at the front of the Sipo-si in the Sipo-si.

In light of the fact that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as fluoring the Defendant’s drinking condition, fluoring the Defendant’s drinking condition, fluoring the Defendant into a breathm with a defect in breath in drinking at the control place, and breathing the Defendant’s respiratorym, and breathing the Defendant’s drinking condition, fluoring the questions as to whether the Defendant was driving under the influence of alcohol, and fluoring the pedestrian’s age, and fluoring the alcohol, fluorD demanded the Defendant to respond to a drinking test by inserting the Defendant into a drinking measuring instrument three times on April 24, 2014, around 22:31 of the same day, and around 2:51 of the same day.

Nevertheless, the Defendant did not comply with the police officer’s measurement on the following grounds: (a) the Defendant stated that “one cigarette is smoking and drinking, the water will be cut off; (b) in the same case before the towing, the admony has been awarded the admony; and (c) avoided time by towing time.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of the status of driving under the influence of alcohol, the report on the state of status of driving under the influence of alcohol, the report on the state of status of driver under the influence

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 (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;

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