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(영문) 광주지방법원 2014.09.16 2014고정1185

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 2,900,000.

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

Reasons

Punishment of the crime

On June 10, 2014, at around 23:25, the Defendant was demanded to comply with the drinking test by inserting approximately 30 minutes in a drinking measuring instrument into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and breathing, on the front of the Yongamb in the Black-dong of Gwangju Mine-gu, and from D in the circumstances under which the Defendant was in charge of driving under the influence of alcohol.

Nevertheless, the Defendant alleged that he did not drive a vehicle, and avoided this, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the Defendant’s depth of committing his crime, the Defendant does not have any previous charge, and the Defendant is in charge of security duties by contract employment in E, and the Defendant is subject to a fine of not less than 3,000,000 won in relation to driving under influence of alcohol, etc., if he is subject to a fine of not less than 3,00,000 won, it shall be subject to discretionary mitigation and then the Defendant’