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(영문) 광주지방법원 2013.06.21 2013고단1612
도로교통법위반(음주측정거부)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around 00:20 on March 27, 2013, the Defendant was driving a vehicle BS5 without obtaining a driver’s license in approximately seven hundred and twenty-three meters section from the roads adjacent to the ancient land in the Yongsan-gu, Gwangju, Gwangju, to the roads prior to the restaurant of the “nivers and dials.”

2. Around 02:50 on March 27, 2013, the Defendant was receiving treatment for traffic accidents caused by the same day at the D Hospital emergency room located in Gwangju North-gu, Gwangju-gu, on the grounds that there are considerable grounds to suspect that the Defendant was driving under the influence of alcohol, such as drinking in the entrance, drinking, reding on the face, and drinking, and not normally, and accordingly, the Defendant did not comply with the alcohol measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The actual condition of traffic accidents;

1. A photograph refusing to measure drinking, or a photograph of accident site;

1. Application of Acts and subordinate statutes to inquiries into driving license registers;

1. Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that the sentence of Article 334(1) of the Criminal Procedure Act of the provisional payment order is more than one million won, taking into account the fact that there is no previous conviction for drinking, and that it is against the fact that the sentence is imposed.

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