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(영문) 의정부지방법원 2016.02.15 2015고정1947

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On May 19, 2015, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking), while driving a scood vehicle in front of the same Dobcheon-ro 1 Dobcheon-ro on May 19, 2015 at the same time, while driving a scood vehicle in a drunken condition, from the border of the Dobcheon Police Station D Zone E belonging to the same Dobcheon-do Police Station, the Defendant was under the influence of alcohol, such as smelling the redlight on the face.

If there are reasonable grounds to recognize it, the measurement is requested between 30 minutes (01:06), the second measurement (01:16), and the third measurement (01:26). However, the police officer's request for the measurement of drinking without justifiable grounds is rejected.

2. The Defendant violated the Punishment of Minor Offenses Act (the disturbance for the revocation of the official order) on May 19, 2015, when the Defendant was requested to measure the lawful drinking of D District E within D District District located in D District F in D District in Dongducheon-si on May 19, 2015, the Defendant refused it and was under the influence of alcohol; and

I tried to kill the Ma Ma Ma Ma Ma Ma Ma, Ma Ma Ma Ma Ma Ma, and Ma Ma Ma Ma. Mah Mah Mah Mahn for about one hour.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of witness G;

1. A report on detection of a driver of a driving school and a ledger of users of measuring instruments for drinking;

1. Application of statutes, such as site photographs;

1. Relevant Article of the Act on the Punishment of Minor Offenses, Articles 148-2 (1) 2 and 44 (2) of the Traffic Act (a point of refusing to measure drinking), Article 3 (3) 1 of the Punishment of Minor Offenses Act (a point of disturbing the revocation of an official document), and the selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;