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(영문) 대전지방법원 홍성지원 2013.03.20 2013고정77
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 5,200,00.

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

Reasons

Punishment of the crime

1. On November 23, 2012, at around 11:15, the Defendant driven the D Poter Cargo at approximately 1.5 km section from the road front of the Hai-gun, Hongsung-gun, Hongsung-gun, the bankruptcy bankruptcy, to the road front of the 1.5km, and the Defendant received the said C 112 report and dispatched the F Poter to the F Poter G where he was dispatched.

The Defendant was investigated by the above F police box from 14:28 to 15:38 of the same day on the facts of intimidation, and there were reasonable grounds to recognize that he was driving from G of the police box while under the influence of alcohol, such as smelling, smelling, reding, etc., the Defendant demanded the Defendant to comply with the alcohol measurement by inserting three times in a drinking measuring instrument for about one hour and 20 minutes, but failed to comply with the police officer’s request for the alcohol measurement without justifiable grounds by avoiding the alcohol measurement.

2. 모욕 피고인은 2012. 11. 23. 13:50경 위 F파출소에서, 위 E과 C 등이 있는 가운데 위 파출소 소속 경장인 피해자 G에게 “야 짭새 새끼야. 너 죽여 버린다. 아무것도 아닌 개새끼가”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Photographs (record No. 10, 11 pages);

1. Videos taken at the time of insult;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of punishment, and Article 311 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the maximum amount of the crimes against the violation of the Road Traffic Act with heavier punishment (the maximum amount of the crimes against refusal of noise measurement];

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