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(영문) 대구지방법원 서부지원 2014.08.14 2014고단855
도로교통법위반(음주측정거부)등
Text

A defendant shall be punished by imprisonment for six months and by a fine of 150,000 won.

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On March 1, 2014, at around 12:54, the Defendant driven a motorcycle without obtaining a motorcycle driver’s license from the head of the Defendant’s office located in the Gyeongbuk-gun B to the front of the seat of D, which is located in the Gyeongbuk-gun C.

2. On March 1, 2014, the Defendant violated the Road Traffic Act (refluoring to take a drinking level) and was on the duty of driving a road in front of the elderly group C in the influence of drinking on around 50cc under the influence of drinking on March 12:54, 201, the Defendant was required to comply with a drinking test by inserting the drinking level three minutes by inserting the breath to the Defendant from F in charge of the situation where the police box of the Gyeongbuk-gu Police Station is affiliated with the police box of the Gyeongbuk-gu Police Station, and making it possible for the Defendant to be found to have driven under the influence of drinking, such as smelling and smelling red on face.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the point of refusing to measure the volume of noise and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 and 6 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act;

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

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