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(영문) 광주지방법원 2017.02.16 2016고단5081
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 15, 2016, at around 21:10 on November 15, 2016, the Defendant driven a C rocketing car at the 2nd apartment parking lot in Gwangju Mine-gu, Gwangju, and subsequently avoided it even though the Defendant was demanded to comply with the alcohol alcohol measurement by inserting four minutes of walking into the drinking measuring instrument for about 35 minutes on the ground that the walking is in a remote distance.

Accordingly, the Defendant driven an automobile while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. For the reasons of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant’s history of punishing drinking alcohol (it does not exceed a fine two times due to drinking driving from 2001 to 2006) and the Defendant’s age, sex, sex, environment, health conditions, details of the crime, circumstances after the crime, etc. shall be comprehensively taken into account, and all of the sentencing conditions shown in the arguments in the instant case shall be determined as ordered.

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