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(영문) 광주지방법원 2013.11.06 2013고정2006
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving Cone Star A.S. car.

On August 24, 2013, at around 21:10, the Defendant was required to respond to the measurement of alcohol by inserting it into a drinking measuring instrument over about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, sniffing on the face of the police box affiliated with the slope belonging to the Gadong Police Station D, while driving the said snife while drinking on the road at the front of the snife-gun of the Gaesung-gun, Gasung-gun, Gasung-gun, the Defendant, while driving the said snife on the road.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the circumstances of the driver involved;

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

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., circumstances in which the defendant was subject to the control of locked inside the vehicle);

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

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