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(영문) 수원지방법원 2020.10.13 2020고정840
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B E220d.

At around 22:10 on March 13, 2020, the Defendant: (a) driven the foregoing vehicle in about five km section from the front of the city of Yongsan-si to D in the same city; (b) on the ground that there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as drinking, drinking, walking, snowing, and drinking, and drinking, from the border border F belonging to the E zone at the Osan Police Station E zone, the Defendant was demanded to comply with the drinking test in a manner of inserting the alcohol measuring three times until the demand for the first measurement at around 22:56 on the same day, around 22:56, around 23:01, around 23:09, and around 23:09, by inserting the alcohol measuring instrument up to three times.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Summary of Evidence

1. Application of the Acts and subordinate statutes to the defendant's legal statement, state-owned driver's statement, and notification as a result of drinking control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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