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(영문) 수원지방법원 2019.06.13 2019고단1232
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

On March 7, 2019, at around 18:25, the Defendant received two vehicles parked in the CINI Cooper’s vehicle while drinking alcohol on the road near Suwon-si B, Suwon-si. Upon receipt of a report 112, the Defendant was required to comply with a drinking test by inserting approximately four minutes from around 18:32 to 18:50 of the same day, for the following reasons: (a) the Defendant’s speech and behavior status is divided into several sections: (b) the border E, etc. located within the D Zone of the Suwon-gu Police Station D District of Suwon-gu, Suwon-gu, which was called out after receiving a report 112; and (c) the Defendant was found to have driven under the influence of alcohol, such as making a red light belt, etc. with a little distance of walking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the situation of a drinking driver, notification on the results of the control of drinking driving, and application of Acts and subordinate statutes governing breathing photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

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

1. A favorable circumstance for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] 5 million won to 10 million won to 10 million won to 10 million won to 10 million won (the decision of sentencing): A favorable circumstance under which confessions and reflects is unfavorable: The defendant's age, character and behavior, environment, circumstances of the crime of this case, circumstances after the crime, etc., and various conditions of sentencing as shown in the records and arguments are considered.

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