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(영문) 의정부지방법원 2017.12.21 2017고정2414
도로교통법위반(음주측정거부)등
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

1. On August 13, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant while driving a motor vehicle under the influence of alcohol, while driving a motor vehicle at the front of a village hall at the 253 Gaba-ro Gao-gun, Gamba-gun, Gamba-ro, Gamba-ro, Gamba-ro, Gamba-ro, Gamba-ro, 253.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting the whole influence between five minutes and four minutes, in a way of inserting approximately twenty minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. No person shall drive a motor vehicle, etc. without obtaining a driver's license from a local Commissioner General of the National Police Agency or the validity of a driver's license is suspended;

Nevertheless, Defendant 1, while driving together with the above “1”, is driving approximately 600 meters from the street to the control place in front of and in front of the Gamo Park on the upper Gamp in the Gam-gun of Gyeonggi-do, under the influence of a license without a license.

Summary of Evidence

1. Statement by the defendant in court;

1. Detection report, report on the circumstances of driving without a license, report on the circumstances of driving at home, and report on internal investigation (related to refusal to measure drinking);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (a point of refusing to drive a bicycle without a driver's license for motor device) concerning facts constituting an offense, the selection of fines, and the selection of fines;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act are examined, and all facts constituting the instant crime are recognized, and their errors are against each other.

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