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(영문) 광주지방법원 순천지원 2015.04.15 2015고단6
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a passenger car in the B AW test.

At around 02:00 on August 22, 2014, the Defendant is waiting at a three-distance distance from which signals, etc. are installed in front of the first apartment in a remote city located in the death sacrife, a remote city located in the death sacrife, when the Defendant was driving the said car at a sacrife in order to return home in the dwelling, and to return home in the dwelling.

Bail had been divingd.

At the time, due to the report of the taxi engineer that it is difficult to witness the field and transport the field, the police officer assigned to the relevant police station was arrested as a flagrant offender and arrested as a c police officer.

The Defendant was requested to respond to the measurement of alcohol by inserting the breath of approximately 30 minutes in a sobscopon, when there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling alcohol in a police box on the same day with a profound nature of pedestrians, scoping snow with snow and booming red in a breath state, etc.

Nevertheless, the defendant did not comply with the request for a so-called alcohol measurement by a police officer without any justifiable reason while stating that "the defendant is unable to drive a vehicle due to a failure to do so."

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to shooting a suspect, such as a report on the state of driving under the influence of alcohol, a report on the state of the driver under the influence of alcohol, the situation at the time of leaving the scene, refusal to measure alcohol, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a criminal record of driving under influence of alcohol while driving, and that the crime of this case is deemed to have been committed immediately after driving under influence of alcohol, is disadvantageous to the defendant.

Other records, such as the age, character and conduct, and environment of the defendant.

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