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(영문) 제주지방법원 2016.04.07 2015고정1064

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On November 25, 2015, the Defendant was sentenced to one year of suspension of the execution of official duties at Jeju District Court on June, 2015, and the said judgment became final and conclusive on December 3, 2015.

On August 6, 2015, at around 23:10, the Defendant, while drinking alcohol on the front of the D cafeteria located in C on August 6, 2015, had the Defendant drive a motor vehicle of E-A-U-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

The Defendant was driving under the influence of alcohol, such as hearing the statement that the police officer slope H, who was dispatched to the scene, deemed the Defendant to take a vehicle behind the scene of the accident, and snicking a large face of smelling at the Defendant’s entrance, with red snicking.

There is a considerable reason to suspect that he/she has been requested from 23:10 to 23:41 on the same day to respond to the measurement of drinking on three occasions, but he/she has refused the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement related to a traffic accident;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. A report on investigation;

1. A copy of the ledger using drinks for drinking;

1. A photograph demanding the measurement of drinking;

1. Previous convictions: Application of Acts and subordinate statutes of search of cases and a copy of judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment was driven under the influence of alcohol by the defendant

A drinking measuring instrument for about 30 minutes from a police officer due to reasonable grounds to determine a person.