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(영문) 수원지방법원 2018.09.12 2018고단3799

도로교통법위반(음주측정거부)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, 50 days.

Reasons

Punishment of the crime

On June 15, 2018, the Defendant driven a motor vehicle while under influence of alcohol, such as 64, Dong-dong 64, Do-dong 14, Paosia, 1410-dong 1410, at the front of the 1410-dong Do-dong 1410, and called to the site, and having discovered the Defendant lockedd at the drive seat of B, the Defendant was driving from D, D, and D, and E, the police box belonging to the police box of the eropo-gu, Seosung-gu, Police Station C, which found the Defendant locked at the front of the 1410-dong Do-dong 1410, and driving a motor vehicle under influence of alcohol.

There is considerable reason to suspect that the drinking alcohol has not been measured three times from 22:34, but the drinking alcohol has not been measured.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking alcohol, notification of the results of regulating drinking driving, refusal to measure drinking, and field photographs;

1. Application of the video CD-related Acts and subordinate statutes containing the face of this case;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Reasons for the punishment of Articles 70(1) and 69(2)(1) of the Criminal Act (the scope of statutory penalty) of the Act on the Detention in the Nowon-gu Station (the date of 100,000 won per day) [the scope of statutory penalty] imprisonment with prison labor for not less than one year but not more than three years, or a fine of not less than 5 million won and not more than 10 million won (the sentence decision] unfavorable circumstances: the Defendant, even though he had the record of being punished for driving under the influence of alcohol during 2016, was driven by two liquors, and even though he had been notified by the police officer at the time of the refusal of the measurement of drinking, was consistent with the defense that does not fit for the reason that the quality of the offense was poor by refusing the measurement of drinking and refusing the measurement of drinking even though he was notified by the police officer at the time of the refusal of the measurement of drinking: The Defendant would not

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, occupation, environment, background, details, and circumstances after the crime, shall be considered.