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(영문) 인천지방법원 2014.11.24 2014고단6073

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

The Defendant is the driver of the vehicle B.

On March 27, 2014, around 01:50, the Defendant: (a) driven the foregoing vehicle in a fluoral horse near Nam-gu Incheon Metropolitan City, and then performed waste collection work on the street 382 front of the Nam-gu Incheon, Nam-gu, Incheon, and received the parts behind the left side of the E-driving of the victim D (50 years of age, south) who driven the said vehicle and carried out waste collection work on the street 382.

On March 27, 2014, at around 02:29, there are reasonable grounds to recognize that the driver was driving while under the influence of alcohol, such as opportunations on the questioning of F in relation to the background of the traffic accident at the place of the foregoing traffic accident, referring to the driver's license to take a breath test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on initial action at the traffic accident site;

1. Application of Acts and subordinate statutes to report on the circumstantial statements of a host driver, report on detection of a host driver, and investigation report;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense.

1. Mitigation of discretionary mitigations under Articles 53 and 55(1)6 of the Criminal Act.

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 2.5 million won to 5 million won; and

2. Determination of sentence: The detection of a motor vehicle accident by a traffic accident that has no criminal record of a fine not exceeding 3.5 million won (or a reasonable state) and the detection of a drunk driving is the first place (or an unforeseen state).