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(영문) 춘천지방법원 2018.09.13 2018고단737
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 18, 2018, the Defendant: (a) driven a motor vehicle with low alcohol level around 03:56, around 03:56, and driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, and drinking alcohol, while waiting for signal at the intersection of the armspare 198 in Chuncheon-ro, Chuncheon-ro; and (b) police officers D, etc. belonging to the Gangwon-do Police Station C District of the Gangwon-do Police Station, Gangwon-do, a police station, who reported on this, called the Defendant to the effect that the Defendant driven a motor vehicle under the influence of alcohol, by drinking alcohol, while drinking the motor vehicle at the seat of drinking.

Until 04:19 on the same day, there are reasonable grounds to determine a person, requiring a measurement of drinking by a respiratory measuring instrument three times from the same day, but the defendant refused it without justifiable grounds.

2. On June 18, 2018, the Defendant, in violation of the Road Traffic Act (unlicensed driving), driven a vehicle B with low-pollution without a vehicle driver’s license from the front of the “F store” in Chuncheon-si around 03:56 on June 18, 2018 to the intersection of the arms 198 in Chuncheon-ro 198 at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to the ledger of a driver's license, such as a statement report on the situation of a driver who is placed in the main place, investigation report (report on the situation of a driver who is placed in

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license), and selection of fines for each crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have committed a crime by recognizing that he/she had committed a crime; (b) the fact that he/she did not have any other criminal record except that he/she was punished once by a fine due to driving under drinking in 2017; and (c) the Defendant’s age, sex, environment, motive and background of the crime, the result of the crime, and the circumstances after the crime.

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