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(영문) 창원지방법원 거창지원 2018.01.12 2017고단256
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 12, 2017, the Defendant: (a) driven a GV motor vehicle while drunkly under the influence of alcohol, such as drinking alcohol, drinking on the face and red-lighting, at a point 118 km away from the Gwangju Daegu Highway located in Chang-gun, Chungcheongnam-gun, Chungcheongnam-do; and (b) from the background F under the jurisdiction of the Korean National Police Agency E of the Gyeongnam National Police Agency called out after receiving a report, the Defendant driven a GV motor vehicle under the influence of alcohol.

Although there are reasonable grounds to determine a person, a person was requested to respond to the measurement of drinking for about 40 minutes in total on three occasions by inserting the whole breath of alcohol measuring instruments, he/she avoided it in a way that does not put the breath of drinking measuring instruments into the breath of.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. Violation of the Road Traffic Act (Non-licensed Driving) Defendant 1 driven a GV-type car without obtaining a driver’s license from the front of a restaurant in which it is impossible to ascertain the trade name in the Kag-ri, Gyeong-gun, Chungcheongnam-gun, Seoul Special Metropolitan City from the date and time set forth in the above paragraph 1 to the point 118km away from the 10km away from the GV-si, Daegu Special Metropolitan City Highway, Daegu Special Metropolitan City, Daegu Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Five on-site photographs;

1. Application of Acts and subordinate statutes to the investigation report (the investigation report on the current situation, etc.);

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license), and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 of the Criminal Procedure Act is that the defendant was punished by drinking or driving without a license several times even prior to the instant crime.

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