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(영문) 수원지방법원 안양지원 2020.07.24 2020고단822
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On October 15, 2012, the Defendant was issued a summary order of KRW 3 million at the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 21:10 on April 16, 2020, the Defendant, from the front day of the restaurant to the front day of the subway stop station 200 meters away from the subway station 200 meters away from the day before the restaurant, on which the trade name in the Sinpo Corporation cannot be known. The Defendant, while stopping the above vehicle, was put to a trial expense with respect to the expenses of the so-called representative C and the vicarious driving.

The Defendant was required to comply with a drinking test by inserting four minutes from around 20:27 to 20:50 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the fact that the Defendant was driving under the influence of alcohol, such as the fact that he was able to take the vehicle from her office to her office, and that he was under the influence of alcohol as an agent fee, from the police officer of the Gyeonggi Military Police Station D police Station, who was dispatched to the site after having received the report of 112 of the above C, that he was driving by the above C, that the Defendant was under the influence of alcohol, and that he was under the influence of alcohol.

Nevertheless, the Defendant refused to take a drinking test by a police officer without justifiable grounds, such as why he gets driven by an acting engineer (C) and why he gets to take a drinking test. Do not take a drinking test.”

As a result, the Defendant violated the duty of prohibition of driving under the influence of alcohol and the duty of response to a police officer's request for a sobreath test when there are reasonable grounds to recognize that he was driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Exemplary drivers;

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