beta
(영문) 전주지방법원 남원지원 2016.08.16 2016고정46

도로교통법위반(음주측정거부)

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

The defendant is the driver of a cargo vehicle B1 ton.

The Defendant driven the above vehicle around 23:50 on April 09, 2016, while driving the vehicle at around 23:50, while driving the vehicle at around 500 meters at the distance from the front of the ri-ri-ri-ri village in the front of the front of the ri-ri-ri-ri-ri, Myeongdong-gun, to the front of the ro-si located in the same Myeongsan-ri, and was under the influence of alcohol at the time of regulating, such as smelling and raising red on the face.

There is a reasonable reason to determine a person, and after taking measures such as making the person to be placed in water from D, the police box C of the pak Police Station, it was demanded to comply with the measurement of drinking for about 70 minutes, such as making the person to be placed in water from D before the police box of the pak Police Station, the person who was requested to comply with the measurement of drinking for about 70 minutes, but did not comply with the

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on internal investigation:

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. In light of the nature of the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, the refusal of measurement of drinking alcohol per se at the time of detection, the defendant’s situation at the time of detection, the background of the instant crime, the criminal records of the defendant, etc., the fines specified in the summary order cannot be deemed excessive.