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(영문) 수원지방법원 2015.10.29 2015고정2095
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 25, 2015, at around 23:52, the Defendant, while driving a B-to-ppp motor vehicle under the influence of drinking on April 25, 2015, conflicts with street lamps and drums located on the right side of the road in the ghill-dong, and accordingly, sent back to the emergency room of the Dongsung-si Hospital of the Korea Forest University, which is located on the right side of the road.

On April 26, 2015, at around 01:13, the Defendant received a report of an accident from the above emergency room and received a demand for responding to the measurement of alcohol by inserting approximately 30 minutes in a manner of inserting the whole breath of alcohol, on the grounds that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as smelling, smelling, reding, etc., from the transportation inspector of the Sungdong Police Station, and the D police box E, dispatched.

Nevertheless, the Defendant avoided the method of breaking a dog, singinging off, and noise whenever he/she intends to take a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Investigation report (19 pages for investigation records);

1. Report on internal investigation (Refusal of measurement of alcohol by a suspected suspect), and application of Acts and subordinate statutes concerning refusal of measurement of alcohol by a suspect;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., the fact that the defendant acknowledges his mistake and reflects his depth, the fact that there is no past record of criminal punishment other than once the suspension of indictment, the fact that the defendant supports the wife and children of Grade II pulmonary disability and children of Grade II, and other various circumstances, including the defendant's age, character and conduct, environment, family relationship, economic situation, etc.);

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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