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(영문) 수원지방법원 안양지원 2015.05.29 2015고정238
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

On November 21, 2014, the Defendant was required to put the drinking in a drinking test by inserting it into the first floor parking lot of the underground floor, which was driven by C while driving B B, and going to the third floor parking lot of the Hanyang-gu, Mayang-si, Mayang-si, Mayang-si, Mayang-ro, Mayang-ro, 35, at the third floor parking lot of the 35th floor underground apartment apartment, in contact with DNAS car, due to an accident in contact with DNAS car, to snyang-si, Mayang-gu, Police Station Ear-gu, Mayang-gu, Mayang-si, Mayang-si, Mayang-si, Mayang-si, 23:04, 23:16, and 23:28 on three occasions on the same day.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, an employer, and a statement on the status of the employer, an employer, and an employer;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to photograph suspects who refuse to measure alcohol;

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. Even if considering the circumstances that are the first offender for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the purpose of legislation of the Road Traffic Act which punishs refusal to measure alcohol, the lower limit of the statutory penalty is set at five million won, and the equity in the punishment for the same kind of crime, etc., it cannot be deemed that the amount of fine determined by the summary order is excessive, and thus, the punishment shall be determined like the order.

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