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(영문) 수원지방법원 안산지원 2013.08.29 2013고정1269
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On 04. 23:00 on 07. 07. 23:00, the Defendant was found to have driven a benz vehicle in front of the third apartment of the wall mountain 547-1, and there are reasonable grounds to recognize the Defendant to have been driven under the influence of alcohol, such as smelling and smelling the face of the Defendant, etc., from the police officer of the Sinung Police Station C commander of the Sinung Police Station, the Defendant was demanded to comply with a drinking test by inserting the bench into a drinking measuring instrument over about 30 minutes, but the Defendant did not comply with a request for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Application of Acts and subordinate statutes to the ledger of drinking meters, and photographs requested for drinking;

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 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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