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(영문) 수원지방법원 여주지원 2018.09.05 2018고정438
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

On April 16, 2018, the Defendant was driving under the influence of alcohol, such as a string, inaccurate, and a stringing off, the Defendant, while driving a Dworket car on the street in front of “C cafeteria” located in Singju City, while receiving a report on the Defendant’s drinking while driving the Dworket car in a drunken state. The Defendant was driving under the influence of alcohol, such as a string, an inaccurate, thring, and a string distance, etc.

For about 15 minutes, there was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement and investigation report on the circumstances of the driver who is placed in the main place, and report on the circumstances of the driver who is placed in the main place;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to report internal investigation (on-site situations);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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