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(영문) 대구지방법원 김천지원 2020.04.22 2020고단72
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On December 29, 2019, the Defendant: (a) driven a BM3 car and operated a vehicle at approximately 1km section on the front road of the Gu-U.S.-U.S.-U.S.-U.S.-U.-U.S.-U.S.-U.-U.S.-U.-U.S.-U.S.-U.-U.S.-U.-U.S.-U.-U.S.-U.-U.S.-U.-U.S.-U.-U.S.-U.-U.S.-U.-U.S.-U.-U.-U.S.-U.-U.-U.S.-U.-U.-U.S.-U. 0:20 on December 29, 2019; and (b) caused a traffic accident causing collision with street lights installed therein; and (c) the Defendant did not comply with a police officer’s demand for measurement of drinking

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are against the Defendant’s mistake, the primary offender, the fact that the Defendant was covered by a comprehensive insurance and appears to have been recovered from material damage, and other circumstances, including the Defendant’s age, character and conduct, living environment, and the circumstances after committing the crime, which are the conditions for sentencing as shown in the records and arguments of the instant case, shall be determined as ordered in consideration

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