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(영문) 광주지방법원 2014.09.30 2014고단2861
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 8, 2014, the Defendant was parked in the D parking lot located in Gwangju Northern-gu C, Gwangju, while driving a B-cub vehicle at approximately 300 meters in advance of the Parisbrate, Gwangju, and driving the B-cub vehicle at around 19:25.

On June 8, 2014, at around 19:46, the Defendant: (a) received a report on suspicion of drunk driving at the aforementioned D parking lot; and (b) received a request from the police officer E to comply with a request to take so as to put the breath of alcohol in the face at the time and drive under the influence of alcohol at least three times; (c) on the same day, the Defendant failed to comply with a request to take a breath test by a police officer without justifiable grounds on the ground that he/she did not drive himself/herself by 20:35 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is the time when the defendant commits a crime and reflects it, and the punishment against the defendant shall be determined as the disposition.

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