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(영문) 수원지방법원 2021.02.04 2020고단6720
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On March 7, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon Friwon.

[Criminal facts] The defendant 21:50 on August 17, 2020, 21:36 of the same day on the front road B at the time of the 201:36 day on the same day.

"A driver was driven under the influence of alcohol by the defendant, such as fluoring the horses, smelling, smelling, and breathing the snow from E by the police box belonging to the Gyeonggi Fluor Police Station D, which was called upon 112 report.

Although there are reasonable grounds to determine a person, the Defendant was requested to respond to the measurement of drinking alcohol at intervals of about seven minutes from the above date to about 22:20 of the same day by inserting the whole in four minutes, but the Defendant refused to take the measurement of drinking alcohol at a different place.

As a result, the defendant violated the prohibition of drinking driving, and did not comply with the police officer's request for drinking again without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Measurement demand photographs;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (verification of the same record as the suspect), application of a copy of the summary order issued before the Suwon District Court 2012, and the application of a copy of the Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, Articles 148-2 (1), and 44-2 (1) and (2) of the same Act, the selection of fines concerning criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant drives a vehicle again in spite of his/her past record of punishment once due to drinking, and that the defendant refuses to demand a measurement of drinking by a traffic control police officer, etc., under the circumstances unfavorable to the defendant, while the defendant is recognized as committing a crime and is against the truth.

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