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(영문) 의정부지방법원 2019.01.10 2018고정1567

도로교통법위반(음주측정거부)

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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

On September 16, 2018, the Defendant: (a) while driving D-Class II cargo vehicles on the back side or back side of the C-W-C-C-W-C-C-W-C-C-W-C-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-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-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-S

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a report on the circumstantial statements of a drinking driver, a report on the results of drinking control, a written report prepared G and a ledger using a drinking

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are examined, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that the economic situation seems to be sufficient is recognized as the circumstances favorable to the defendant.

However, in order to ensure the safety of road traffic and to prevent danger, the crime of this case, which the defendant refused a police officer's request for a drinking test without any justifiable reason, should be strictly punished in light of the contents and methods of the crime.