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(영문) 수원지방법원 2018.04.03 2017고단8148
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Criminal facts

On November 22, 2017, the Defendant driven a motor vehicle in the front of the Young-gu, Young-gu, Young-gu, 956-2, Young-gu, 956-2, for drinking on the road in front of the Young-gu, Young Village apartment, and then driven a motor vehicle under the influence of alcohol, such as: (a) “A vehicle is suspected of driving alcohol across the central line” upon receiving a report from 112 and being dispatched to the site; and (b) a police officer belonging to the Suwon-gu, the Police Station Dial Team of the Suwon-gu, Suwon-gu, the Suwon-gu, the Police Station: (c) the Defendant was able to drive the motor vehicle under the influence of alcohol, such as drinking, drinking, drinking, snick, red, etc.

On November 23, 2017, from around 00:32 to around 00:47, demand was made to respond to the measurement of alcohol by inserting the fluence during a period between approximately 15 minutes during which the person was scheduled to see.

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the circumstances of the driver of a driving school, notification on the results of regulating the driving of drinking, and a report for 112 reported cases;

1. Application of Acts and subordinate statutes to field and photographs refusing to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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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