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(영문) 광주지방법원 2017.12.12 2017고정1567

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

The Defendant is under the influence of alcohol concentration in around 01:55 on August 22, 2017, while driving Category B 5 car at approximately 3 km away from the roads before the end of the Yong-dong in Yongsan-gu in Gwangju to the back of the Culture and Arts Center in the direction of about 47 km from the roads before the end of the Culture and Arts Center in Jung-gu in Gwangju.

“A person driving a drinking alcohol under the influence of alcohol by a police officer of the police station of the Gwangju Northern District Police Station C, who was called upon 112 a report to the effect that he/she was drinking, such as smelling and smelling the Defendant on the face.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

Nevertheless, the Defendant continued to refrain from measuring alcohol so that he/she did not comply with a police officer's request for measurement of alcohol without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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

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

1. To reduce part of the amount of the fine by taking into account the following factors: (a) the first offender for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; and (b) the recognition of the instant crime and the violation of the mistake.