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(영문) 수원지방법원 2017.02.02 2016고정3075
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 September 23:40 on September 23, 2016, the Defendant driven a alcohol on the front of the entrance of the IC room at the right line at Suwon-si, a vehicle under the influence of alcohol, such as smelling the alcohol to the Defendant and sM6 vehicle under the influence of alcohol on the front of the entrance of the IC room at the right line.

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting approximately 30 minutes in a drinking measuring instrument.

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 of the circumstances of the driver involved in driving;

1. Application of the photographic Acts and subordinate statutes;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act are against the truth by recognizing the instant crime, and other punishment as ordered in light of the family relationship, environment, the circumstances and result of the instant crime, etc.

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