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(영문) 수원지방법원 안산지원 2016.04.20 2016고정374
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

Criminal facts

On January 12, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face, while driving a motor vehicle under the influence of alcohol on the front side of the Yancheon-gu in Ansan-si, Ansan-si, the Defendant: (a) driven the motor vehicle under the influence of alcohol, from the police officer affiliated with the D District Unit of the Ansan-gu, Police Station D of the Ansan-gu, Police Station D, the Defendant driven the motor vehicle under the influence

There is a reasonable reason to determine a person, and from around 04:41 to around 05:11 on the same day, it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument four times.

그럼에도 피고인은 음주 측정기에 입을 대고 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. Photographs related to the case;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 and 148-2 (1) 2, and 44-2 (2) of the Road Traffic Act, the selection of fines (such as the confession of a criminal defendant and his/her reflectivity, and the fact that the criminal defendant has no past record of punishment, except once a fine, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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