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(영문) 수원지방법원 2017.05.31 2017고정320
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives Category C cargo vehicle.

On October 22, 2016, the Defendant, after drinking the said cargo to an elementary school located in the cryptian Eup in the postal Eup at around 20:30 on October 22, 2016, was driven under the influence of alcohol by driving the said cargo at the front of the crym for the development of the crym located in the crym in the crym Eup in the e-mail Eup in the e-mail of the same Si on the same day, while driving the said cargo at around 21:30 on the front of the e-mail in the same city at around 21:30 on the same day, while driving the vehicle while drinking at around 14km, while driving the vehicle while driving the vehicle under the influence of alcohol from the police station guards in the e-mail department of the e-mail, who is working for

인 정할 만한 상당한 이유가 있어 약 30분 간에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 불구하고 ‘ 아 한번만 봐줘. 그냥 가자. 나 여기다

The car can be matched with a short-term motor vehicle.

Next, it is clear that the police officer's request for drinking by a police officer is extremely high, and the police officer's request for drinking is avoided, and the police officer did not comply with a police officer's request for drinking without good cause.

Summary of Evidence

1. Partial statement of the defendant;

1. Notification of the results of regulating driving of drinking alcohol, the statement of the driver himself/herself, and the application of Acts and subordinate statutes of investigation report (in case of 23 pages of investigation records);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Although the Defendant demanded a police officer to take a measurement of drinking alcohol from blood collection at the time, the Defendant’s act does not constitute refusal to take a measurement of drinking alcohol, as the police officer requested to take a measurement of drinking alcohol only and refused to take such measurement.

2. Determination

(a)in accordance with Article 44(2) of the Road Traffic Act;

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