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(영문) 대전지방법원 홍성지원 2018.04.26 2017고정357

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Although the Defendant around October 4, 2017, around 13:45, around 14:13, the facts charged are around 14:13; however, according to the records on the control manual, etc., the Defendant is found to have failed to move after entering the top section due to a direction-setting signal from the red-gun Hong-gun Hongsung-gun, Hongsung-gun, the Defendant was found to have failed to move at around 13:45, and even if recognized differently from the facts charged, it is deemed that there is no concern that the Defendant might actually suffer a disadvantage to the Defendant’s exercise of his/her right to defense. Thus,

The Red-gun, Red-gun, driving a vehicle with about 5 km from the street on the street on the street to the street on the Hongsung-gun, Hongsung-gun, Hongsung-gun, and driving a vehicle under drinking.

There is a reason to suspect that the Hongsung Police Station D District Assistant E was demanded from October 4, 2017 to 14:13 times to 13:59 on October 4, 2017, but rejected it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of enforcement manual statutes;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, and other factors indicated in the instant case, including the Defendant’s age, sexual conduct, environment, motive or consequence of the crime, and the circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors.

A favorable circumstance: The defendant reflects his fault.

Unfavorable circumstances: The Defendant committed the instant crime to avoid crackdown on driving alcohol.

Although the police, upon receiving the report, requested to sound and stop sirens, the police tried to ignore it and move over the central line and keep it dangerous.