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(영문) 제주지방법원 2015.01.28 2014고단1649
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On September 14, 2014, the Defendant, at around 17:40 on September 17, 2014, sent a traffic accident in front of the Korean house fluorri in the Jeju-si Saebdo, where he started a C-man-man-car car in a residential state and was driving approximately 4 km at around 4km.

Although there are reasonable grounds to believe that the defendant was driven under the influence of alcohol, such as being snickly snicked and snicked by the defendant from the slope E belonging to the Jeju Police Station, which called the scene, the defendant refused to comply with the police officer's lawful request for the measurement of alcohol without justifiable grounds by denying the driving of alcohol at intervals of 18:29 through 18:49 on three occasions at intervals of 10 minutes, despite the fact that the defendant was demanded to comply with the measurement of alcohol, while avoiding the demand for the measurement of alcohol at intervals of 18:29 to 10:49.

2. On September 14, 2014, at around 17:35, the Defendant driving a C body-ray car without obtaining a driver’s license on a section of about 4 km from the F Housing in Jeju-si to the front road of the Korean house located in the same Eup/Myeon from around 17:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and the circumstantial report of drinking drivers;

1. Application of Acts and subordinate statutes to a license ledger, chassis, and mandatory insurance bureau;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of fines for negligence;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act has been punished three times due to driving under influence of alcohol.

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