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(영문) 의정부지방법원 고양지원 2015.04.17 2015고정356

도로교통법위반(음주측정거부)

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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 was at the entrance of the 3 complex located in Goyang-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and the Defendant was at the time, and there was considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as inabreatheous and her face, etc., and was under the influence of alcohol, and was required to comply with the measurement of alcohol by inserting it into a drinking measuring instrument three times in total, around November 4, 2014, around 04:58, around 05:08, around 05:18.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of 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 the crime;

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

1. Taking into account the grounds for sentencing under Article 334(1) of the Criminal Procedure Act, the statutory penalty of the instant case, and the fine amount sentenced in similar cases, the Defendant’s past records of punishment due to drinking driving, etc. around 2010, and other conditions of sentencing, including the Defendant’s age, character and conduct, family relation, criminal records, the circumstances of the instant case, and the following progress, shall be determined by comprehensively taking account of the