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(영문) 의정부지방법원 2019.05.01 2018고단5441

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 9, 2018, at around 22:30, the Defendant was driving a knife vehicle at the entrance of the Bknife dong-dong, Dongbcheon-si, and was diving, and the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds, such as refusal of the first drinking test at around 22:38 of the same day, refusal of the second drinking test at around 22:42 on the same day, refusal of the second drinking test at around 22:42 on the same day, refusal of the second drinking test at around 22:47 on the same day, refusal of the second drinking test at around 22:47 on the same day, and refusal of the second drinking test at around 22:47 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

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 a crime;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order has a record of being punished for drunk driving even before.

Nevertheless, while driving on the road while driving, the defendant temporarily parked the vehicle on the road.

However, it shall be considered in favor of the fact that the defendant recognizes the crime of late late and reflects it, and that there is a family member to support the defendant.

The punishment as ordered shall be determined by comprehensively taking into account the motive and background of the crime including the above circumstances, the method and consequence of the crime, the circumstances after the crime, the age, environment, and criminal record.