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(영문) 부산지방법원 동부지원 2017.09.06 2017고단1294
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 25, 2017, at around 10:50, the Defendant driven a vehicle under the influence of alcohol, such as drinking alcohol, on the road in front of the store in Busan, the Busan, the Busan, the Busan, the traffic of which was driven by the Defendant, upon receiving a report that “A vehicle is suspected of drinking alcohol, such as towing a guard, etc.” while driving the D-learning car, and driving the vehicle under the influence of alcohol, such as drinking alcohol by F for the situation where the police box in the Busan, the Busan, the traffic of the police station, the police station, and the Defendant, who called the Defendant, snickly snick

Even if there are reasonable grounds to determine a person, a police officer's refusal to take a measurement of drinking on the 11:00 on the same day, refusal to take a measurement of drinking on the 11:00 on the same day, refusal to take a second alcohol measurement on the 11:07 on the same day, refusal to take a measurement of drinking on the same day, refusal to take a measurement of drinking on the 11:16 on the same day, etc., without justifiable grounds

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident reports, actual inspection reports, investigation reports, investigation reports, and application of Acts and subordinate statutes to the provisions of Acts and subordinate statutes;

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

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment Act is committed while driving a vehicle and failing to comply with

However, there are favorable circumstances such as the fact that the defendant recognizes the facts charged and seriously reflects the defendant, and that the defendant has no record of criminal punishment except for one fine.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - No sentencing criteria are set.

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