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(영문) 수원지방법원 성남지원 2016.08.18 2016고정560
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is a person who drives a D vehicle.

On January 9, 2016, the Defendant was driven under the influence of alcohol by a police officer who was dispatched after receiving a report that there was a trial cost due to parking settlement at the first floor parking lot of building E in Seongdong-gu, Sungnam-gu, Sungnam-gu, Seoul, on January 9, 2016, stating that the Defendant would have driven a vehicle, and that the reporter would have a suspicion of drinking.

A police officer was required to respond to the measurement of alcohol by inserting approximately 30 minutes in the first 04:43 on the same day, the second 04:53, and the third 05:03 on the same day from the police officer dispatched due to reasonable grounds to determine a person.

Nevertheless, whether the defendant's "it is not a problem with parking expenses."

The police officers refused to comply with the legitimate request for measurement, such as "to resolve well," and avoiding standing measuring instruments.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home and the detection of the driver at home;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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