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(영문) 청주지방법원 충주지원 2017.11.03 2017고단727
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 8, 2017, the Defendant, at around 22:08, driven a 5 00-meter, from the front side of the apartment house, to the front side of the building B in the same city, and was in the influence of alcohol, 112 reported as a vehicle suspected of drinking, by driving 3 freight vehicles with the central line of the 10-meter and 3 freight vehicles in the shape of drinking, and driving under the influence of alcohol, such as a string distance, with a red, inaccurate, etc.

A police officer belonging to the D District was required to comply with a drinking test by inserting the whole inbreath of drinking for about 32 minutes from around 22:40 on the same day, due to reasonable grounds to determine a person.

Nevertheless, the Defendant did not comply with a request for the measurement of drinking without justifiable grounds, such as disclosing his/her intention not to comply with the measurement of drinking, avoiding the measurement of drinking, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of a person suspected of violating traffic Acts on roads;

1. Notice of the results of regulating the driving of drinking alcohol and the statement of the circumstances of the driver of drinking alcohol;

1. On-site photographs and case-related photographs, photographs of the suspect refusing to measure drinking, and videos related to drinking;

1. The driver's license ledger and the next registered inquiry;

1. A detailed statement of the processing of reported cases;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to each investigation report (to report the situation of the main driver, conduct a field investigation, listen to the statement by the police officer responsible for control, and attach a detailed statement of handling cases reported 112);

1. Articles 148-2 subparag. 2 and 44 subparag. 2 of the Road Traffic Act concerning criminal facts (the refusal of measurement by drinking), the selection of fines (the crime of this case is a refusal of measurement by the Defendant under the influence of drinking, and the quality of the crime is not good, and the Defendant is already sentenced to a fine of 2.5 million won in 201 and a fine of 5 million won in 2013 due to drinking driving, and the Defendant is deemed to have committed the crime of this case for the purpose of avoiding aggravated punishment, even if he was sentenced to a fine of 2.5 million won in 201 and a fine of 5 million won in 2013.

However, the defendant is now.

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