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(영문) 광주지방법원 순천지원 2016.08.11 2016고단767
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 30, 2016, the Defendant: (a) driven a BN car and was driven on the road in front of the water purification plant at the Manyang-si, which is in front of the Manyang-si; (b) parked on the side; (c) the Defendant: (d) discovered the Defendant’s driving on the side while driving on the road in front of the water purification plant at the Manyang-si; and (d) demanded the Defendant to detect it and get off the vehicle; (d) while the Defendant demanded to correct the door, the Defendant was eventually driven on the road for about 30 minutes; (d) while the Defendant’s driving was under influence of alcohol, such as drinking at the Defendant’s entrance, smelling on the face, setting the redlight.

On March 30, 2016, from around 21:30 on March 30, 2016 to around 21:50 on the same day, it was required to respond to the measurement of drinking alcohol by inserting approximately three minutes into a drinking measuring instrument for about 20 minutes. However, it was not necessary to put the string of the drinking measuring instrument into a water.

Accordingly, the defendant did not comply with a police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (with respect to the place of detection and refusal to measure drinking);

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for the punishment as ordered by taking into account the following factors: (a) there is no criminal history except a disposition of suspension of indictment against the Defendant for the reason of sentencing; (b) the Defendant is against the Defendant; and (c) the Defendant’s age and environment, etc.

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