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(영문) 수원지방법원 평택지원 2019.06.04 2019고정135
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

Punishment of the crime

On December 15, 2018, at around 23:36, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument three times during about 25 minutes from around 23:36 of the same day to December 16, 2018, while driving the E-learning car under the influence of alcohol at approximately 4 km in front of the D cafeteria located near the same city, and there is considerable reason to recognize the Defendant as driving under the influence of alcohol, such as smoking, snow snowing, and snow shocking.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 할 뿐 정당한 이유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes as a copy of a drinking measuring instrument;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) 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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