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(영문) 대전지방법원 천안지원 2013.08.22 2013고정589
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

At around 18:10 on April 6, 2013, the Defendant, while driving a drinking-free car in front of the Hanpo-dong, Seopo-gu, Seopo-dong, Seopo-gu, Seopo-gu, Seopo-gu, Seopo-dong, was parked in the same place. On the same day, at around 18:33 on the same day, the Defendant, while driving a drinking-free car, did not comply with a request for a drinking-free measurement without justifiable grounds, even though there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, drinking, and drinking on the face, from F to the police officer belonging to the Seopo-gu, Seopo-gu, Seopo-gu, North Korean Police Station E zone, who was called upon a traffic accident report at around 18:33 on the same day.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. A protocol concerning the police interrogation of the accused;

1. G’s self-statement and a statement of the occurrence of a traffic accident at H;

1. Application of control manual, report on detection of a drinking driver, report on the status of a drinking driver, usage register of a drinking measuring instrument, and application of statutes on site photographs;

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) 6 of the Criminal Act for discretionary mitigation;

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

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

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