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(영문) 전주지방법원 2014.02.12 2013고정1083

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On September 23:08, 2013, the Defendant driven a cbee or a car under his own possession in the state of drinking alcohol on the Haak-gu Haak-dong 2, Haak-gu, Haak-gu, the Jeonnan Police Station D Zone E, the Jeonnan Police Station D, the Defendant determined that there are reasonable grounds to recognize that the Defendant driven a car under the influence of alcohol, such as smelling a smell and gaing red on the face, and demanded that the Defendant comply with the drinking test by inserting the brea-gu 30 minutes of drinking.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and photographs at control sites;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the court has led to confession of and attitude to repent of its crime in this case, and that no person has committed the same crime except for those who have been sentenced to a fine on one occasion for drunk driving before about 20 years);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;