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(영문) 수원지방법원 2014.01.24 2013고정3271
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 21, 2013, at around 03:25, the Defendant, while driving a livestock product distribution center located in the valley-dong of Suwon-si, he was requested to comply with the drinking measurement by inserting the drinking measuring instrument three minutes from around 03:58 on August 21, 2013, on the front of the Livestock Products Distribution Center, and driving a bsch car under the influence of drinking, and there is considerable reason to recognize that the Defendant was driving under the influence of drinking, such as smelling, smelling the Defendant from the superintendent of the police station affiliated with the Suwon-nam Police Station C commander of the Suwon-nam Police Station, and setting the red blaon on the face, etc., he was requested to comply with the drinking measurement by inserting the drinking measuring instrument three minutes in total.

As a result, the defendant did not comply with the lawful drinking test of police officers without justifiable reasons.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. A report on detection of the driver, and a report on the status of the driver's operation;

1. Application of the Acts and subordinate statutes on the investigation report (suspected person and specific person);

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 70 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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