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(영문) 춘천지방법원 강릉지원 2016.01.13 2015고정362
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a B car driver.

On September 13, 2015, the Defendant, at the same frequency of the sea zone located in 01:25 at the Yancheon-si, Jungcheon-si, the Defendant, at the same time, drinking alcohol in approximately 7 km and driven at the 365 knife-si public parking lot in the 365 mnife-si, and parked in the above place, caused a traffic accident, following the left-hand side of the Don-to-pnifed vehicle owned by the victim C (62 Do) who was parked in the above place, leading to a shocking part of the part of the Don-to-face and

At the time of arrival at the site of the police station F of Gangseo-gu Police Station E District, which received a report after an accident, the Defendant was locked at the vehicle, and was driven under the influence of alcohol by the Defendant, such as the Defendant’s snicking at the Defendant’s entrance during the accident investigation, and the Defendant’s snicking and snow was bread.

There is a considerable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding three-time demand for alcohol testing for about 30 minutes or more.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes to a traffic accident occurrence report, actual condition investigation report, investigation report (Attachment of photographs), investigation report (Attachment of photographs of a traffic accident), report on detection of the driver at home, a written statement of the driver at home, investigation report, investigation report, and investigation report (receiving of an accident situation, etc.);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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