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(영문) 수원지방법원 평택지원 2015.04.24 2015고정203
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 23, 2014, at around 00:00, the Defendant: (a) driven a parked vehicle while driving a B-ro vehicle while drinking the eight-round road into the Pyeongtaek-si Sejong Park; (b) around 00:00.

Since then, there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling, smelling, singing, etc. on the face of the defendant from the border of Pyeongtaek-gu Police Station C District D, and accordingly, the defendant was demanded to respond to the measurement of alcohol by inserting about 50 minutes in a manner of putting the whole breath in the breath.

그런데도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Report on the state of the state of driving under the influence of alcohol and report on the result of regulating drinking driving;

1. Application of statutes on site photographs;

1. Relevant Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the same Act concerning the facts constituting an offense (a point of refusing the measurement of alcoholic beverages);

1. Selection of an alternative fine for punishment;

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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