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(영문) 대전지방법원 홍성지원 2017.12.21 2017고정293
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 15, 2017, the Defendant: (a) driven a motor vehicle under influence of alcohol, such as drinking alcohol and drinking on the front side of the Cheongsung-gun apartment parking lot, Geumsung-gun, Hongsung-gun, Geumsung-gun, 2036, 82, Do-ro 2036, while drinking the motor vehicle B while driving the motor vehicle on the front side of the Cheongsung-dong apartment parking lot, which was reported to the police officer of the Hongsung Police Station C Police Station, sent to the site, after receiving a report from 12 that there is a suspected motor vehicle for drinking.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument over 30 minutes.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement of the control of refusal to measure drinking;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment lies in a large number of criminal records including two criminal records of drinking alcohol and two criminal records of a sentence, in addition to the criminal records of refusal of measurement of drinking alcohol.

In addition, in consideration of the age, sex and environment of the defendant, motive, means and result of the crime, the conditions of sentencing as shown in the pleadings of this case, such as the circumstances after the crime, etc., the punishment as ordered shall be determined.

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