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(영문) 수원지방법원 안산지원 2014.05.15 2014고정435
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 1, 2014, at around 01:46, the Defendant driven a B rocketing business vehicle under the influence of drinking on the road before the foreth of the foreth of the foreth of the foreth of the Aneth of Ansan-si, Masan-si.

As there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking alcohol, such as smelling and smelling the Defendant, from the chief of the police box of Ansan Police Station C, the Defendant was demanded from around 02:20 on February 1, 2014 to around 02:42 on the same day to respond to the measurement of alcohol by inserting a breath for three times at the Ansan Police Station C police box of Ansan Police Station from around 02:20 on February 1, 2014 to around 02:42 on the same day.

Nevertheless, the defendant avoided drinking so that he 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. A copy of the usage register of drunks;

1. Application of related Acts and subordinate statutes;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 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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