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(영문) 대전지방법원 논산지원 2013.10.15 2013고정166
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

At around 17:08 on June 10, 2013, the Defendant driven C 100C 100cc Oral Ba and left at the left-hand side of the official playground located in the Masan-dong at the time of Masan-si, and left-hand side from the front-hand side of the Mad Mad Mad Da which left-hand left-hand side from the front-hand side of the Mad Mad Mad Man Ski Mad Mad Mad Mad Mad Mad Mad Mad Mad Mad Ba, and the Defendant left the site.

On June 10, 2013, from around 17:54 to 18:16 the same day, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the Defendant into a drinking-free measuring instrument three times from the G District District H, which found the Defendant in relation to the foregoing traffic accident, and from the G District H, which found the Defendant in relation to the foregoing traffic accident.

At the time, the Defendant did not comply with a police officer’s request for the measurement of alcohol without justifiable grounds, when there were reasonable grounds to recognize that he/she was driving the above urbly under the influence of alcohol, such as drinking in red and breathing, snowing, and shaking the state of walking.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the Acts and subordinate statutes to the traffic accident report, actual condition investigation report, field photograph, report on detection of a host driver, and report on the circumstantial statement of a host driver;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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