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(영문) 광주지방법원 순천지원 2014.05.16 2014고정79

도로교통법위반(음주측정거부)

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

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

Reasons

Punishment of the crime

On October 8, 2013, the Defendant was driving a B-to-be in front of the Yancheon-gu Municipal Ordinance Hospital (Seoul Metropolitan City Ordinance No. 23:00, Oct. 23, 2013, while driving the B-to-beer vehicle in drinking on the front of the B-to-beer vehicle, and after receiving a report on around 23:2 the same day, the Defendant was snicking from the Defendant’s entrance from the slope D, etc. affiliated with C-to-be called, and the Defendant’s face is red, and there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as snow he/she was under shocking. However, the Defendant was required to take a alcohol-to-be level for about 38 minutes on the ground that he/she was driving under the influence of alcohol on around 23:59 on Oct. 8, 2013, around 0:12, around 00:24,00:37.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to on-site photographs;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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.