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(영문) 제주지방법원 2015.01.15 2014고정1061

도로교통법위반(음주측정거부)등

Text

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

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

Reasons

Punishment of the crime

1. Around 22:55 on August 24, 2014, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument four minutes at intervals of 22:10 to 22:40 minutes at intervals of 10 minutes, in a case where there exist reasonable grounds to recognize that the Defendant was driving under the influence of walking while walking with a string of the string of the 22:10 to 22:40 on the road in front of the “D frequencybook” set forth in the Jeju Island, in front of the “D Frequencybook.”

Nevertheless, the Defendant avoided the F's request for the measurement of drinking alcohol by taking advantage of the F's appearance, and did not comply with the police officer's request for the measurement of drinking alcohol without justifiable grounds.

2. When the Defendant expressed his intention to offer a bribe was requested to take a drinking test from F on the above date, time, and place, the Defendant attempted to include 140,000 won in the money in cash in a request to see the fact of the violation.

Accordingly, the defendant expressed his intention to offer a bribe in relation to the duties of police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver, records of the control of drinking driving, photographs, and seizure records;

1. Relevant legal provisions and the choice of punishment for facts constituting a crime: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusal of measurement of alcoholic beverages), Articles 133 (1) and 129 (1) of the Criminal Act (the point of indication of intent to provide a bribe) of the Road Traffic Act; the selection of each fine;

1. Heavy concurrent crimes: the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (However, the lowest sentence shall be the punishment determined for the violation of the Road Traffic Act);

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

1. Confiscation: Article 48 (1) 1 of the Criminal Act;

1. Provisional Payment Order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of all the following circumstances. favorable circumstances: