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(영문) 춘천지방법원 2018.10.25 2018고정259
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a car in the C SP area.

On August 7, 2018, the Defendant driven the said car at around 23:41, and driven 20 meters from the parking lot for the Korean War Memorial in Ethiopia, Ethmpia, the witness of which was reported to the witness, driving the vehicle at the site, and discovered the Defendant, who escaped at the site of 100 meters of 10 meters of 10 meters of Ethiopia, and was drunk at the house of the Ethiopian Police Station Ethmpia, the Defendant: (a) driven the said car at around 7th of Ethiopia; (b) driven the alcohol at the bar of Ethiopianian; and (c) driven the police officer’s inquiry.

Until August 8, 2018, a police officer refused a police officer's legitimate request for the measurement of drinking by means of drinking, such as demanding a police officer to respond to his/her breath in a manner that breath of drinking, although he/she demanded a police officer to take a breath of drinking by taking a breath of drinking, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Act and subordinate statutes to make a statement on the situation of a driver in the main place, investigation report (report on the situation of the driver in the main place), and video CDs refusing to measure drinking

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) lies in the fact that the Defendant appears to have committed an offense, and that the driving of drinking seems not to cause damage to others, which is favorable to the Defendant.

However, even though the defendant had been sentenced to a fine of KRW 3 million in 2003 due to the same crime, he/she committed the crime of refusing to measure drinking in addition, and is disadvantageous to the defendant.

In addition, the defendant's age, sex, environment, motive and background of the crime, results of the crime, and circumstances after the crime.

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