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(영문) 수원지방법원 2020.04.24 2020고단342
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 11,000,000 won.

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

Reasons

Punishment of the crime

On November 29, 2019, the Defendant was driving a D-Wed vehicle on the front of the vehicle located in Heungdong-gu Seoul Metropolitan Government (Seoul Metropolitan Government), and the Defendant was required to take a drinking test on three occasions from around 18:22 to around 18:32 of the same day, and did not comply with the demand for a drinking test on three occasions from around 18:2 of the same day to around 18:32 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each E statement;

1. Investigation report, investigation report (in 2/4 pages of evidence records), and ledger of the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the crime in this case is that the defendant who drives a vehicle while drinking alcohol refuses to comply with the measurement of drinking alcohol by a police officer, and the nature of the crime is not weak;

However, considering various circumstances, such as the defendant's recognition of the crime of this case, the defendant's primary offender, the defendant's age, character and conduct, environment, motive and circumstance of the crime, means and result of the crime, and the circumstances after the crime, the punishment as ordered shall be determined.

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