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(영문) 전주지방법원 2013.09.25 2013고정631
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who drives Oralba.

1. On 20:03 on 07. 07. 07.203, the Defendant: (a) driven a road that is suitable for the construction of the said Orabab from the boundary of the Jeondong-gu Geumdong-gu, Jindong-gu, Jinjin-gu; (b) caused a dispute between the Defendant and the other vehicles; and (c) the police officers called out.

C District guard D, a police officer, deemed that there is a reasonable ground to believe that the defendant was a drunk driver, and requested that the defendant comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument for about 30 minutes.

Nevertheless, the defendant refused this and did not comply with a police officer's legitimate request for a drinking test.

2. At a time as referred to in Paragraph 1, the Defendant, without a motor driver’s license, driven the above Orab in about 1km from the front day of the previous North Korean University, which was located in the Taejin-gu Pungjin-gu, Seoul Special Metropolitan City, to the front day of the construction of Amtidong, which is a control place.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on internal investigation;

1. Notification of the control results of drinking driving, and application of Acts and subordinate statutes inquiring about driver's licenses;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 2 and 43 of Article 154 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;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., Article 55(1)6 of the Criminal Act);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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