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(영문) 대전지방법원 천안지원 2017.05.19 2017고단448
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On January 11, 2017, the Defendant was driving a C TBl vehicle without obtaining a driver’s license in the front section of about 10 meters prior to Asan City on January 11, 2017.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), as set forth in paragraph (1), the Defendant: (a) driven a vehicle of the foregoing C Ttibane while drinking alcohol as set forth in paragraph (1); and (b) confirmed the Defendant’s drinking by a police officer E affiliated with the Asan Police Station D police box called out after receiving a 112 report by an acting engineer; and (c) was under the influence of alcohol;

There was a reasonable reason to determine a person, who was demanded from him/her to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. A written statement;

1. Each photograph;

1. Report on the circumstances of a driver making a drinking, report on the results of regulating the driving of drinking, and ledger on the use of a drinking measuring instrument;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license), and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Taking into account the fact that there exists no record of criminal punishment, and the fact that it is against the law, except that there exists a record of being sentenced to a fine once due to the crime of driving alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order;

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