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(영문) 수원지방법원 성남지원 2015.11.13 2015고정985
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

Defendant

A is a person who is engaged in driving service of the C Oralba owned by B.

On November 25, 2014, at around 03:50, the Defendant driven the above 1km from the tropia in front of a scenario in the central road located in Sungnam-gu, Sungnam-gu to the street above 2324 km from the tropia in front of the tropia located in Sungnam-gu, Sungnam-gu to the street above.

At the time, the defendant was required to respond to the measurement of alcohol at intervals of ten minutes, such as the first measurement request at around 06:16, the second measurement request at around 06:26, the third measurement request at around 06:36, and the third measurement request at around 06:10 minutes, in a manner that is deemed to have driven while under the influence of alcohol, such as smelling and smelling red on the face.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A written statement;

1. The actual condition survey report;

1. A photograph refusing to measure drinking;

1. Requests for appraisal;

1. Application of statutes on site photographs;

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;

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