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(영문) 대구지방법원 의성지원 2016.11.03 2016고정80
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 01:10 on July 2, 2016, the Defendant was required to respond to the measurement of drinking alcohol by inserting approximately 30 minutes in a manner that makes it difficult for the Defendant to recognize that he/she driven under the influence of alcohol, such as the state of walking, rhym state of speech and behavior, and red face, while driving under the influence of alcohol.

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

around 02:05 on July 2, 2016, the Defendant: (a) laid down the upper part of the steel gate which was corrected in order to ask the victim’s husband H's report to drive under influence on his/her own, and intruded the victim's residence without permission until the victim's visit who was locked through the math through the math.

Summary of Evidence

"2016 High Court 80"

1. Defendant's legal statement;

1. The report on the results of the crackdown on drinking-driving and the circumstantial statement of a drinking driver "2016 high-level 81";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime (the occupation of refusing to measure the noise, the choice of fines), and Article 319 (1) of the Criminal Act (the occupation of intrusion and the choice of fines);

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

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do148, Apr. 1, 201);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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