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(영문) 대구지방법원 김천지원 2016.01.29 2015고정731
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

At around 23:00 on November 15, 2015, the Defendant: (a) while driving a D low-speed car with drinking on the road in front of a singing practice hall in Gumi-si B, the Defendant was under the influence of drinking-free driving charges, and the Defendant was under the influence of drinking-free driving charges.

The defendant was driven under the influence of alcohol, such as with a large distance and face with very red.

There are reasonable grounds to determine a seal, and the person requested F to comply with the measurement of drinking alcohol by inserting it into the drinking measuring instrument three times from around 23:10 to around 23:42 of the same day on the same day, but he/she did not comply with the measurement of drinking by police officers without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (with regard to the details of the crackdown on refusal of measurement);

1. Report on the circumstances of driving under drinking, inquiry into the results of crackdown on driving under drinking, application of Acts and subordinate statutes to the register of names using a drinking measuring instrument;

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. Articles 53 and 55(1)6 of the Criminal Act (a) of the Act on the Mitigation of Small Quantity mitigated (afford that the Defendant would not drive drinking again while recognizing and opposing the instant crime)

the defendant's age, sex, environment, etc. has not been punished for the same or similar crime for the last ten years.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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