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(영문) 대구지방법원 서부지원 2013.05.03 2013고정438

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 8, 2013, at around 22:27, the Defendant was exposed to a police officer under the influence of alcohol driving while driving approximately 4 meters of 3 Macju 3 Scam in front of the smartphone 3, Seo-gu, Seo-gu, Seo-gu, for about 37 minutes, while driving about B 125ccamba while drinking about 4 meters in the state of drinking. Although there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling red, the Defendant confirmed the Defendant’s condition and failed to comply with a police officer’s demand for a alcohol measurement by avoiding the demand for a alcohol measurement for about 37 minutes from the slopeD belonging to the Seo-gu, Seo-gu, Daegu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a summary order of the same kind as a suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. In light of the Defendant’s criminal records of the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, first, on September 2007, the Defendant was sentenced to a summary order of KRW 500,000,000 for a fine of KRW 100,000 on October 207, on the ground that he was under the influence of alcohol, and second, on February 2008, he was issued a summary order of KRW 2 million for a fine of KRW 2 million on April 2, 2008.

Nevertheless, the defendant commits another offense.

In addition to the character and conduct of the defendant revealed in the above criminal records, the revised Road Traffic Act increases the statutory penalty for the crime of refusing to measure alcohol, and takes into account the equality of many sentencing precedents after the revision of the Road Traffic Act, but the punishment as ordered shall be determined in consideration of the fact that the defendant is led to confession and repent and the difficult economic conditions of the defendant.