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(영문) 의정부지방법원 고양지원 2017.03.24 2017고정113
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On 24, 2016. 24. 17:20 on 17:20 on 24, 2016, the Defendant driven a vehicle of about 50 meters Ctrax XG in front of the Seo-gu, Seoyang-gu, Seoyang-gu, Goyang-si, and received a report from a drinking driver, and carried out drinking, such as smelling alcohol at the Defendant’s entrance from the police officer called out and spraying the horses.

There are reasonable grounds to suspect that the police officer was requested to respond to the measurement of drinking at the same place in around 17:37 of the same day, at around 18:08 of the same day, and at the same place in around 18:18 of the same day, the police officer did not comply with the request for measurement without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each E statement;

1. The investigation report;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers of drinking alcohol and a ledger using measuring instruments;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate amount of punishment (see, e.g., circumstances leading up to the instant crime, place and distance of operation, age, sex, environment, etc.);

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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