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(영문) 수원지방법원 평택지원 2014.05.08 2014고정151
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 11, 201, 201, the Defendant was required to respond to a drinking test by inserting approximately 30 minutes in a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, in an inaccurate manner, while driving a road in front of the modern apartment distance located in Pyeongtaek-dong, Pyeongtaek-si with a view to drinking.

Nevertheless, the Defendant did not put the part in the entirety, and avoided it as soon as possible, and did not comply with a police officer’s request for a drinking test without a justifiable reason.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Notification of the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, and the report on the state of drinking driving;

1. A copy of the register of drinking meters; and

1. Application of CD-related Acts and subordinate statutes

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although a police officer did not properly respond to a police officer’s demand for alcohol measurement while driving a motor vehicle under the influence of sentencing in accordance with Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the criminal liability of the defendant who did not recognize the crime is not easy.

It is so ordered as per Disposition that the defendant will partially reduce the amount of fine determined by the summary order in consideration of the fact that he/she drives while under the influence of alcohol, the previous department has passed for at least 30 years, and the age, etc. of the defendant.

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