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(영문) 광주지방법원 2014.10.28 2014고정1559
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a driver of a rocketing car.

On July 13, 2014, at around 18:05, the Defendant was suspected of driving the said car under the influence of drinking in approximately 1km section in front of the container office to the public parking lot in front of the public parking lot of the Republic of Korea, the Defendant received a request for drinking measurement through three minutes from around 19:04 to around 19:38 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as a flow distance on the left left and right and right and right and right and the Defendant was discovered, and the Defendant was exposed to the demand for drinking measurement through three minutes from around 19:04 to around 34:34 of the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination of the report on detection of a drinking driver, the report on the circumstances of a drinking driver, and the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to report internal investigation (shot photographys for the head of requests for the measurement of music);

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

1. It is recognized that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is the fact that the defendant repents the wrongness and reflects the defendant, that the defendant has no particular criminal power other than one time before and after the punishment of this punishment, and that the defendant seems to be supporting the mother of 72 years old and 14 years old and who currently supports the mother of 72 years old and 14 years old, etc.

However, the crime of this case does not comply with the alcohol alcohol measurement by police officers, even though there is a considerable reason to suspect that the defendant driven a motor vehicle while under the influence of alcohol.

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