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(영문) 인천지방법원 2015.01.07 2014고단8082
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Around 07:40 on September 30, 2014, the Defendant was driving Csch Rexroth car without obtaining a driver’s license from approximately 1km section to the front road of the Dong-dong Office of Education in Incheon, Nam-gu, Incheon, Nam-gu, Incheon.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to the measurement of drinking alcohol by inserting it into a drinking measuring instrument over about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, etc., by driving the said vehicle under the influence of drinking at the time and place specified in paragraph (1) and stopping on the front of the 923 East-gu Incheon Southern-gu Office of Education prior to the said Incheon Southern-gu Office of Education after receiving a report of 112.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on the state of situation statement, enforcement field photographs, drinking refusal photographs, and driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime (the act of refusing to measure such foods), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act (the act of driving without a license) and the selection of fines, respectively;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant committed each of the crimes of this case during the period of suspended execution due to the same kind of crime and is disadvantageous to that crime.

However, the fact that it seems that his mistake has been unfolded for about 2 months through detention life for about 2 months, and is still young and family members, etc. who want to leave their wife, and during the period of suspension of execution.

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