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(영문) 수원지방법원 안산지원 2015.01.28 2014고정2018
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On November 11, 2014, the Defendant: (a) while driving a motor vehicle of Ansan-si and the front road of the Central Oil Station at Ansan-si, the Defendant voluntarily operated the motor vehicle for drinking, according to the police officer who was dispatched after receiving a report on a suspected motor vehicle for drinking, and subsequently, was required to comply with a drinking test by inserting it into a drinking measuring instrument on three occasions, including around 01:01, around 01, around 01, around 01, around 01, around 01, around 01:31, around 01, around 01:31, around 01, and around 01:31.

Nevertheless, the defendant did not put the part of the drinking measuring instrument into the drinking measuring instrument and did not comply with the request of police officers for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. A report on detection of a host driver;

1. Application of the Acts and subordinate statutes concerning the closure of dynamic images;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of a fine (including the confession and reflectability of the accused, the fact that the accused is the initial offender, etc.);

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Reasons for sentencing);

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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