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(영문) 대전지방법원 홍성지원 2019.04.30 2018고정211

도로교통법위반(음주측정거부)

Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On March 21, 2018, at around 21:15, the Defendant is driving a approximately 1 km section from the street in front of the location of Hongsung-gun B to the front of the Hongsung-gun C 119 center.

On August 31, 2018, when there are reasonable grounds to suspect that a person who causes a traffic accident alone, has walking in red light with a clear distance, and that a person has driven under the influence of alcohol with a view to snow and a heavy drinking, and that he/she has been under the influence of alcohol, he/she requested a police officer to respond to a drinking test from a police officer on August 31, 2018, but refused to take a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

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., Supreme Court Decision 2007Da15488, Apr. 21, 2007)

1. Articles 70 (1) 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;