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(영문) 춘천지방법원 강릉지원 2016.07.06 2016고단536
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of 6 million won.

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

1. On April 25, 2016, the Defendant, without a license for bicycle riding a motor device, driven a bicycle in the section of about 5 km from the front day of the livers of the livers of the livers of the Gangseo-si without a license for a bicycle riding to the cate parking lot located in the same city B from the front day of the livers of the livers of the DCA110 bicycle without a license for a bicycle riding.

1. The Defendant, who refuses to take a drinking test, drives a motor bicycle on April 25, 2016 at around 00:30, as described in the above 1. Paragraph (1) and enters the district unit of the Gangnam Police Station C.

E. A person who drives a vehicle while under the influence of alcohol, such as booming the Defendant, smelling the Defendant, booming him/her on the face of his/her face, etc.

There are reasonable grounds to recognize it, and it was demanded to respond to the drinking measurement by inserting the whole in a drinking measuring instrument three times between about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하거나 음주측정기를 입에 물고 불지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. A report on investigation;

1. Application of Acts and subordinate statutes on site photographs;

1. The driver's license without obtaining a license for the relevant legal provision and the decision on the selection of punishment for the crime: The rejection of the measurement of drinking as prescribed in Articles 154 subparagraph 2 and 43 of the Road Traffic Act: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Aggravation of concurrent crimes with the punishment provided for in the crimes of violating the Road Traffic Act, the punishment of which is more severe within the scope of a large amount of punishment];

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

1. Although it is serious that recidivism is committed during the same period of probation for sentencing of Article 334(1) of the Criminal Procedure Act, it is later against the last one.

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