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(영문) 의정부지방법원 2013.05.15 2013고정904
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.

Reasons

Punishment of the crime

At around 18:30 on October 5, 2012, the Defendant: (a) driven a vehicle in the Dong and its underground parking lot at around 19:20 on the same day while driving the vehicle, and was killed in the accident; and (b) did not comply with the request of a police officer to comply with the drinking measurement three times from the Gyeong-si, a government-based apartment B, 202 Dong and 2002 Dong and 19:20 on the same day; (c) upon receiving a report from the victims at around 19:30 on the same day, the Defendant was found to have driven a vehicle while under the influence of alcohol, such as walking down and fluencing the pedestrian’s age, fluencing, face and snow, and fluencing.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of actual condition, statement of actual condition of an employee, report of an employee with the status of an employee with the status of an employee with the status of the employee;

1. On-site photographs refusing to measure drinking;

1. Application of Acts and subordinate statutes to the ledger of use of drinking meters;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant refused to take a drinking test even though he/she causes a traffic accident while driving in a drinking state, and thus, the nature of the crime is less than that of the crime. However, the defendant's mistake after committing the crime is divided in depth, the defendant is hospitalized for the control of drinking behavior, and the above punishment is being imposed after considering all the conditions for sentencing such as circumstances after committing the crime, the defendant's age, character and conduct, family environment, etc.

It is so decided as per Disposition for the above reasons.

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