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(영문) 수원지방법원 안산지원 2020.01.09 2019고단4072
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 18, 2017, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Suwon District Court's Ansan Branch as well as a fine of KRW 2 million.

On August 29, 2019, at around 03:05, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument, which was parked in the Dando on the front of the Kap House C, in front of the Mai-si, the Defendant, at around 03:05 on August 29, 2019, when driving the Dondo in the same state, and receiving a report by shocking the EG4schn car and FK7 car that was parked at the same place, and divided the Defendant’s smelling and smelling from the slope H of the Mai-gu Police Station G District, which was called out after receiving the report. The Defendant was required to comply with the drinking test by inserting alcohol into the 03:24 of the same day from that time.

Nevertheless, the defendant, "I am drinking, why we see, why we see, why we see, why we see," and the above police officer's arms, was avoided by the method of smuggling, and did not comply with the police officer's request for a drinking test without good cause.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the situation of a drinking driver), notification of the results of the control of drinking driving, image pictures refusing to measure, crime preventionCCTV image photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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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