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(영문) 광주지방법원 순천지원 2014.11.25 2014고단1509

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. On August 27, 2014, the Defendant, at around 22:39, driven a car without a car driver’s license in approximately 8 km section from the front of the luminous canlock restaurant in Gwangjuyang-si to the front road of Samsung Apartment-ro, Samsung Apartment-ro.

2. On August 27, 2014, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) around 22:39, the Defendant was required to comply with the measurement of drinking level by inserting it into a drinking measuring instrument for about 40 minutes, on the road in front of the Samsung Apartment apartment, while driving the said vehicle while drinking the said vehicle without a driver’s license. There was considerable reason to recognize that the Defendant was driving under the influence of drinking, such as smelling, smelling, snicking, etc. on the face from E in the circumstances belonging to the department of the Netcheon Police Station D department, while driving the said vehicle while drinking without a driver’s license.

Nevertheless, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Drinkics of drinking, non-compliance photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order had the record of being punished four times due to drunk driving, and even though the driver's license was revoked due to drunk driving before two months from the date of the crime in this case, he/she was committed the crime in this case, he/she should be punished with strict punishment, but the defendant is in profoundly against his/her wrongness, and re-offending.