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(영문) 제주지방법원 2014.12.05 2014고정1033

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 12, 2014, at around 06:19 on October 12, 2014, the Defendant, while driving a mar-type car in the mar-dong in Jeju City, was at the same time stopped from the above mar-type street at the Defendant’s residential location while moving to the Defendant’s residential area.

As such, there are reasonable grounds to recognize that two persons, including Jeju Western Police Station C Zone D, who was dispatched after receiving a report that vehicles have been installed in the street string, carried the Defendant at the driver's seat of the said window-string, snicking vehicle in the entrance, face color, red and red shocking, etc., and thus, the Defendant was required to take a drinking test at the above slope D using a drinking measuring instrument (e.g., drinking measuring instrument number: 6485) while carrying the Defendant into the zone of the Jeju Western Police Station Linking the Jeju Western Police Station and making it possible for the Defendant to take a drinking test at the above slope D, but the Defendant refused to take a drinking test on the same day without any justifiable reasons, such as refusing to take a drinking test on the same day: 06th day, 106th day, 306th day, 266th day: 36th day of the same day, and 36th day of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each photograph;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 334(1) of the Criminal Procedure Act reflects the reason for sentencing, the circumstances leading to the crime, the age, character and conduct, etc. of the defendant.