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(영문) 수원지방법원 안산지원 2014.03.27 2014고정220
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 30, 2013, around 00:40 on September 30, 2013, the Defendant: (a) was a person driving BM5 car volume as a duty; (b) was driving on a two-lane stop line prior to the SM5 car distance 1180-1, Sin Sin Sinpo-dong 1180-1, and was diving on the vehicle.

On September 30, 2013, the Defendant requested the Defendant to take a alcohol test three times from around 01:22 on September 30, 2013 to around 01:55 on the same day, but the Defendant refused the alcohol test by failing to comply with the above request without justifiable grounds even though the Defendant was in receipt of the above request.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the status of a drinking driver, and a written report on the status of a drinking driver;

1. Application of Acts and subordinate statutes in the register of photographs, refusal of measurement of drinking, and use of the measuring instrument at the time of detection of suspects;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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