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(영문) 수원지방법원 평택지원 2013.09.26 2013고단995
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[criminal power] The defendant is a person who was sentenced to imprisonment with prison labor for six months at the Suwon District Court on May 9, 2013 for a violation of the Road Traffic Act at the Pyeongtaek District Court's Eunpyeong site, and the decision becomes final and conclusive on the 17th of the same month, and is currently under probation.

【Criminal Facts】

1. On June 1, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) at around 22:30, the Defendant driven a vehicle between C and C in a section of about 20 meters from the front of the bus stops of the Jinho apartment apartment complex at the time of Ansan to the front of the entrance of the two complexes of the Jinho apartment complex.

2. On June 1, 2013, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level) (e., refusal of taking a drinking level), even though he was requested to comply with a drinking test by inserting a drinking measuring instrument three-minutes of approximately 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinkingly drinking and smelling from the chief F of the police box of the Gyeonggi Police Station E-Sa Police Station, by drinking from the Defendant, on the face of the police box belonging to the police commander of the Gyeonggi Police Station, he did not comply with the drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A report on the status of an employer-employed driver, a report on the status of the employer-employed driver, and a report on the status of the primary driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: References to criminal records and application of Acts and subordinate statutes for reporting criminal investigations (verification of criminal records of the same kind of suspect);

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, the selection of fines for each crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished four times due to drunk driving and is under the influence of alcohol.

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