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(영문) 청주지방법원 충주지원 2018.11.30 2018고단537
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On December 22, 2015, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law (drinking driving) at the Cheongju District Court’s Cheongju District Court’s Assistance, and completed the execution of the said sentence at the Cheongju detention center on June 21, 2016.

[Criminal facts] On August 18, 2018, the Defendant driven a D class III truck from around 30 meters to around 30 meters from the bus stops located in Chungcheongnam-gun, Chungcheongnam-gun, U.S. to the same military sector C, a control site.

The E box F of a police box called to the scene after receiving a report on driving at the above control site shall be red, and the defendant was driven while under the influence of alcohol, such as attaching a tag.

have reasonable grounds to determine that there is a reasonable

Based on the judgment of the court, the defendant requested the defendant to respond to drinking measurement.

Nevertheless, the defendant did not comply with a request for measurement of drinking without justifiable reasons.

Summary of Evidence

1. Statement by the defendant in court;

1. A written operating statement under which they are placed;

1. A report on the investigation of the driver in charge;

1. Notification of the results of regulating drinking driving;

1. Statement of the police officer in G (Reference Statement);

1. Criminal Records: A response to inquiries, such as criminal history, (A), report on investigation (verification of repeated crimes), application of court rulings and other statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. According to Article 334(1) of the Criminal Procedure Act, a fine shall be selected by taking into consideration the following circumstances: (a) the situation in which a person who is responsible for driving the sentence on behalf of the reasons for the sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter referred to as “the person responsible for driving a motor vehicle”) and the person responsible for driving a motor vehicle at a short distance due to a dispute with his/her driver, the circumstances leading up to refusal of measurement; (b) the person who responded to the measurement of drinking after carrying the police box; (c) the circumstances after the commission of the crime

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