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(영문) 의정부지방법원 2018.11.23 2018고단4282
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 16, 2018, the Defendant, at around 01:10, driven a B QM6 vehicle while under the influence of alcohol content of about 0.193% in the 4km section from the blood alcohol level to the road located on the 4km-ro 229-lane at the southnam-si, Gyeonggi-do, the Southern-do, the Dondong-ro, the 01:17 on the same day.

2. On September 16, 2018, the Defendant was driving a vehicle under the influence of alcohol by the Defendant, such as the Defendant, on the road located at 4-lane 229, the Han-ro, the Han-ro, the Han-ro, the Han-ro, the Han-ro, the Nam-gu, the Nam-ro, the 112-report and one other D police box sent after receiving the 112-report, while drinking alcohol and drinking at the face, while under the influence of alcohol.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking by inserting three times in a so-called drinking measuring instrument three times between about 15 minutes.

Nevertheless, the defendant, on the ground that he did not drink, failed to comply with the request of the police officer.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. On-site photographs of a person under consideration refusing to measure drinking;

1. A written appraisal of alcohol among bloods;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant legal provisions of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning facts constituting an offense, the selection of fines, respectively;

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 of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment has the record of being punished for driving under drinking even before the defendant.

Nevertheless, the driver has been driving in the state of 0.193% of alcohol concentration in the re-bloods, and the vehicle is faced with the boundary stone in the process.

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