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(영문) 의정부지방법원 고양지원 2015.09.11 2015고정612
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

On January 20, 2015, the Defendant, while driving a motor vehicle with B car in front of his/her low-speed high school in Yongsan-dong, Yongsan-gu, U.S. on March 20, 2015, there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as putting him/her red on the Defendant’s face from the slope C belonging to the traffic safety department of the U.S. police station at the time of drinking, and reducing it into drinking so that he/she was under the influence of alcohol, etc., even though he/she was demanded to comply with the request for the measurement of alcohol by inserting it into a drinking measuring instrument for about 30 minutes from around 01:20 of the same day to around 01:58, the Defendant did not comply with

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act, considering the statutory penalty (a fine of five million won or more, and a fine of ten million won or more) of the instant case, and similar cases, the Defendant’s drinking measurement was considerably delayed, and the Defendant has no criminal record to pay attention in connection with the instant case, and other conditions of sentencing, including the Defendant’s age, character and conduct, family relation, criminal records, history of the instant case, the circumstance of the instant case, and the following progress, shall be determined by comprehensively taking account of the following factors.

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