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(영문) 제주지방법원 2014.09.24 2014고정322
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On May 25, 2013, the Defendant, at around 13:37, drive a 49:0 obane while drinking alcohol on the front of the D cafeteria located in Jeju City.

Since the occurrence of traffic accident is recognized that the Defendant dices alcohol from the slope G belonging to the F District Department of the Jeju East Police Station and dices alcohol, the Defendant was required to comply with the measurement of alcohol for about 19 minutes.

Nevertheless, the defendant acknowledged drinking facts, but argued that there is no fact that he has driven the above Orala, and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. The Defendant, at the location referred to in paragraph 1, driven a section of about 100 meters from the 100-meter distance prior to the restaurant located in C in the same city, in the state of the blood alcohol concentration of 0.247%, at the location of the time referred to in paragraph 1, up to the clock of the same city.

Summary of Evidence

1. Each statement of the witness H, G, and I;

1. Amnesty photographs of the suspect demanding a drinking test;

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

1. Relevant Article of the facts constituting an offense and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure sound), 148-2 (2) 1, and 44 (1) of the Road Traffic Act (a point of running sound driving) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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