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(영문) 수원지방법원 2017.06.14 2017고정1164
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 February 6, 2017, the Defendant stopped the road front of the punch church, which is located in 17, a mountain village located in the Sim-si, Gyeonggi-do, Gyeonggi-do, which was located in 03:35 on February 6, 2017, with the wheels of the car in front of the driving direction while drinking the same.

Therefore, while hearing the statement against the defendant who was on board the 112-on-site vehicle quantity, the C Docle D et al., which called the scene upon the receipt of the 112-on-site report, driven under the influence of alcohol, such as smelling alcohol at the entrance and snicking on the face, making a redlight, and keeping the bridge distance.

There is a reasonable reason to determine a person, and there was a demand to respond to the measurement of drinking in a way that contains approximately 30 minutes (round 04:10 of the first measurement, around 04:20 of the second measurement, and around 04:30 of the third measurement).

Nevertheless, the defendant is not required to measure only once.

Blood collection also did not comply with a police officer's request for measurement of drinking without justifiable grounds, such as stating that it will not be permitted to collect blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Application of the statutes on photographs at the time of crackdown;

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

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