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(영문) 춘천지방법원 강릉지원 2013.12.17 2013고정435
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 19, 2012, the defendant was sentenced to a fine of 1.5 million won for the violation of the Road Traffic Act in the Gangseo branch court of the Chuncheon District Court on July 19, 2012, and is engaged in driving of B low-end passenger vehicles.

1. Around 01:01 on August 14, 201, the Defendant violated the Road Traffic Act (driving a sound driving) driven the Defendant’s vehicle with approximately KRW 7.4 kilometers from the street in front of the “ostoper restaurant” which is in a three-way state of alcohol 0.198 percent of blood alcohol concentration from the street in front of the “hoper restaurant” to the right after the end of the “North Poperer Middle School” located in the northwest-dong in the East Sea.

2. Around 01:05 on August 14, 2013, the Defendant refused to take a alcohol test for a total of four occasions from D, a police officer belonging to the C District Zone, without justifiable grounds despite being required to take a alcohol test for a total of four times from D, a police officer belonging to the C District Zone, despite the fact that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as booming and smelling at the inside and outside of the right side of the latter part of the “North Pyeong Female School” located in the North Pyeong-dong in the East Sea at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial report of an employee;

1. Application of the Acts and subordinate statutes of response to requests for appraisal made by blood alcohol farming together;

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

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes with the punishment specified in a more severe crime of violation of the Road Traffic Act];

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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