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(영문) 대구지방법원 안동지원 2019.01.22 2018고단344
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 2, 2018, the Defendant refused to take a alcohol alcohol measurement of around 20:52 on June 2, 2018, the Defendant 2018: (a) was smelled; (b) was inaccurate; and (c) was at considerable doubt to deem that the Defendant was under the influence of alcohol, such as a string distance, etc.; (d) was driving a gallon vehicle on the front side of the road located in Ansan-si B; and (b) was requested to take a alcohol measurement of approximately 10 minutes on three occasions from the slopeF belonging to the Ansan-dong Police Station E District Unit, and did not comply with the demand without justifiable grounds.

2. On August 15, 2018, between 03:00 and 03:10 on the same day, the Defendant obstructed the victim’s convenience store business by force by avoiding disturbance for about 10 minutes, such as under the influence of alcohol on “I” convenience store where the victim H located in Ansan-dong from around 03:0 on August 15, 2018 to 03:10 on the same day, while taking the victim’s bath at the convenience store, and allowing other customers to take a vision, thereby obstructing the victim’s convenience store business.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes to report on the circumstantial statements of a host driver, and investigation reports;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, and Article 314 (1) of the Criminal Act concerning the facts constituting an offense;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed several violent crimes, such as obstruction of performance of official duties, under the influence of alcohol in the past, and was not present on the trial date of the instant case. In particular, on July 20, 2016, sentenced six months of imprisonment with prison labor for obstruction of performance of official duties, and re-offendered during the period of repeated offense.

In light of the fact that there is a need to impose strict punishment on the defendant, the defendant was first committed a crime related to drinking driving, and the victim of the crime of interference with business as mentioned above was fully agreed with the victim, and his mistake was divided in depth, and will continue and live faithfully in the future.

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