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(영문) 광주지방법원 순천지원 2014.03.26 2014고단10
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 21, 2013, at around 22:10, the Defendant, without a driver’s license, driven a B rocketing car without a driver’s license, and drinked alcoholic beverages at a restaurant where the trade name in the B B rocketing is unknown, and then left the site after shocking the C’s D Ra car parking on the front side of the driver’s seat in the VIP room located in the same Dong.

The police officers who were dispatched to the scene after being reported, discovered the defendant who was seated in the driver's seat near the place where the accident occurred, and there are reasonable grounds to believe that the defendant was driven while under the influence of alcohol, such as fluening the fluence of the questions of slope E, fluening the pedestrian's face, fluoring, drinking, and smelling, etc., the defendant did not comply with such request three times from 23:30 on the same day to 0:08 on the following day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes on license ledger;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the punishment, and Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure the facts of crime);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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