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(영문) 전주지방법원 남원지원 2016.12.20 2016고정75
도로교통법위반(음주측정거부)등
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

1. On July 29, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving of d d d d d d d d c km from the front day of the office of the Defendant in the south-si B without obtaining a driver’s license on July 21, 2016 to the front day of C.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking), even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a breath on the roads in front of the Southern-si, Southern-si, a person who was driving of the said balob on the roads in front of the Southern-si, while driving the said dalb above the dalb on the roads in front of the said paragraph (1), the Defendant failed to comply with a request to comply with the measurement of drinking without justifiable grounds, even though he was requested to comply with the said request by means of making the calbling of a drinking measuring instrument four minutes during the influence of alcohol, such as making a falbing off,

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement of, and control note for, a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure the drinking), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act, the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (to the extent that the maximum amount of two crimes is aggregated);

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

1. In light of the reason for sentencing under Article 334(1) of the Criminal Procedure Act, refusal of measurement of drinking alcohol, the nature of the offense itself at the time of detection, the status of the accused at the time of detection, the driving without a license, the criminal records of the accused, etc., a fine specified in the summary order cannot be deemed to

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