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(영문) 춘천지방법원 영월지원 2015.04.21 2015고단68
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The defendant is a person who is engaged in driving a passenger car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On January 25, 2015, the Defendant driven the said car at around 21:40, and driven the national highway No. 38 of the Do 2 line, which is located south of the Gangwon-gun Korean Peninsula, from the Young-gun to the north of the Korean Peninsula, along with one-lane from the north to the north of the Korean Peninsula, led to the negligence of driving the national highway in the state where normal driving is difficult due to alcohol, and the driving of the victim C (the age of 61) (the age of 61) driving on the two-lane to the right-hand pan part of the freight vehicle.

Ultimately, the Defendant suffered injury to the victim C, such as brain salvina, which requires approximately three weeks of medical treatment, due to such occupational negligence.

2. On January 25, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) caused the foregoing traffic accident while driving a car in the state of 5 km from the Defendant’s house located in Gangseo-gun, Gangwon-do to the place specified in paragraph (1) at approximately 5 km.

The Defendant was required to respond to the measurement of drinking alcohol by inserting the breath of three minutes or more between approximately 22:28 on the same day and around 22:58 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as the breath and the breath of a police box of the Yeongdeungpo-gu Police Station, who was dispatched upon receipt of the report, such as taking a breath of the breath, and taking a breath of a breath

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The application of Acts and subordinate statutes to survey reports on actual condition, investigation reports, circumstantial statements of a host driver, report on whether to drive any danger, and medical certificates;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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