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(영문) 제주지방법원 2015.08.24 2015고정616

도로교통법위반(음주운전)등

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

A. Around 01:20 on March 17, 2015, the Defendant driven a C vehicle while under the influence of alcohol content of about 1km up to 0.170% in front of the Newyang Fishing Village Community Center located in the same Eup/Myeon located in the same Eup/Myeon after going through mutual influence in front of his house B at Seopo-si, Seopopo-si.

B. On April 29, 2015, at around 23:40, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) caused a traffic accident where the vehicle driving a wing and freight vehicle C while driving a wing and freight vehicle under the influence of drinking on the road.

The Defendant, upon receiving a report, was required to respond to the measurement of alcohol by inserting the breathm between the police officers belonging to the police box of the Western Police Station, in such a way that the Defendant was under the influence of alcohol, such as the Defendant was sniffing, smelling, sniffing on the face, ginging, drinking, and the Defendant was in a house, etc., and there were reasonable grounds to recognize that the Defendant was under the influence of alcohol, and thus, he was under the influence of alcohol from around 005 to around 00:35 of the same day.

Nevertheless, the defendant did not comply with a police officer's demand for a drinking test without justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and report on the control of drinking under the influence of alcohol;

1. Application of Acts and subordinate statutes to the reporting on the state of running a driving under the influence of alcohol, the report on the state of standing and statement of a driver under the influence of alcohol, the notification of the results of the control of drinking driving, the site and the refusal

1. Relevant legal provisions and the choice of punishment for a crime: The provision of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act (the point of sound driving), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the point of refusal of measurement of sound driving), the selection of each fine;

1. Concurrent Crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;