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(영문) 춘천지방법원 2016.03.10 2016고정41

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 a person who drives a motor vehicle by borrowing C.

On July 17, 2015, the Defendant driven the above vehicle at around 03:00 on July 17, 2015, and was parked in the lower bank while driving it in front of Chuncheon apartment 7.11 - 2 Ra.

E E caused an accident that shocks vehicles, and the police officer dispatched upon receipt of a report divided the Defendant’s speech and behavior in the state of smelling and smelling, and the face is red. Thus, in order to verify whether the Defendant was under the influence of alcohol, the latitude F and slope G, etc. were requested to measure the alcohol for more than 30 minutes on four occasions at the place of the accident, from 03:22 on July 17, 2015 to 03:52 on the same day, but the police officer refused to measure the alcohol for more than 30 minutes without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey the actual situation, report on the detection of drivers engaged in the primary business, and report on the circumstances of drivers engaged in the primary business;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has already been punished several times due to the violation of the Road Traffic Act due to drinking. The crime of this case is determined as ordered by taking into account all the circumstances, including the Defendant’s age, sex, environment, and motive, means, and consequence leading up to the instant crime, and all of the circumstances constituting the conditions for sentencing as indicated in the records and changes of the instant case, where the statutory penalty is selected, the sentence indicated in the order is the lowest of the statutory penalty, and the crime of this case is necessary in light of the risk of drinking driving and social harm.