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(영문) 수원지방법원 여주지원 2017.11.28 2017고단1332
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for not more than six months and a fine not exceeding 300,000 won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant driven a motor vehicle under the influence of alcohol by a police officer E belonging to the Leecheon-gu Police Station C District Zone, who was called up after receiving a report of 112, while driving a C District 125cc amb in front of the C District located in Leecheon-si, Leecheon-si on September 10, 2017, or driving a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face, fluoring red on the face.

Due to reasonable grounds, it was required to conduct a measurement by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds, by expressing his/her intent not to conduct the measurement of drinking, such as “undertakeing,” and “undermining why,” the Defendant was aware of his/her desire.

2. On September 10, 2017, the Defendant was driving a D large-scale 125cc c motor vehicle from a section of about 500 meters to the front road of the C District Zone located in B from the 500-meter radius from the apartment road near the echeon-si Changdong without a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. Report on the circumstances of driving under the liquor:

1. On-site photographs;

1. A copy of the ledger using drinks for drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (with respect to the punishment prescribed for the crime of violating traffic laws on roads);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) of the Criminal Act on the community service order;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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