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(영문) 전주지방법원 군산지원 2017.01.18 2016고정555

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant

A is Crand Dink 125 motor bicycle driver.

On September 25, 2016, the Defendant: (a) around 15:24, around the 15:24th day of the 2016 military police box G, who was sent to the scene after receiving a report of 112 pertaining to a single accident, was under the control of the suspicion of drinking driving.

In light of the walking condition and drinking-free driving, the defendant was driving under the influence of alcohol.

There is a reasonable reason to recognize that there is a request from G to respond to the measurement of 30 minutes of drinking alcohol from G, but it is refused to comply with the measurement without any reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Report on internal investigation (related to photographs at the time of refusal to measure drinking), the application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Articles 53 and 55 (1) and 6 of the Criminal Act to mitigate small amount;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;