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(영문) 의정부지방법원 고양지원 2016.10.07 2016고정464
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On March 29, 2016, the defendant was sentenced to a suspended sentence of 4 months for fraud in order to be sentenced to imprisonment with prison labor for a period of 4 months, and the judgment became final and conclusive on April 6, 2016.

Around 08:40 on April 7, 2015, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument three minutes from around 09:20 to April 26, 209 on the same day, while driving a motorcycle BT100, while drinking alcohol on the front of the Seoyang-gu, Seoyang-gu, Seoyang-dong, 584-1, and he was driving a motorcycle BT100 on the front of the Young River.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver and on-site photographs;

1. Previous convictions in judgment: Case summary agreement meetings, assistants, and application of court rulings and statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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