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(영문) 수원지방법원 2019.09.27 2019고단4067
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BMW320d car.

On June 24, 2019, at around 04:22, the Defendant stated that E, the Defendant’s daily behaviors in the D District D District located in Sungsung C, made a statement that “the Defendant had observed driving in a drinking state”, and there are reasonable grounds to recognize that the Defendant had driven under the influence of alcohol, such as smelling, drinking, drinking, and showing a red reaction in the drinking-free season, etc., the Defendant was demanded to comply with the drinking measurement by inserting the police officer, etc., who belongs to the D Zone D District of the Seosung P District Police Station of the Seosung P District Police Station, for about 15 minutes in a drinking measuring instrument, in a manner of inserting it into the drinking measuring instrument three minutes.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without any justifiable reason, such as spitation of spits, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (Refusal of measurement), report on internal investigation ( refusal of measurement), and report on investigation (related to the state of alcoholic beverages);

1. Report on the situation of running a motor vehicle in the state of driving;

1. Application of Acts and subordinate statutes on investigation reports (suspects, videos, etc.);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not that of the defendant's non-compliance with the measurement of drinking by a police officer, and the character of the crime is not somewhat weak, the defendant takes a bath for the police officer who takes the measurement of drinking in the process, and spits or spits such a spits, etc.

However, there are other penalties, in addition to the fact that the defendant recognized the crime of this case and divided his mistake, the defendant has been sentenced to a fine on one occasion for the crime of this case, the juvenile protective disposition once, and the suspension of indictment once.

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