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(영문) 전주지방법원 정읍지원 2016.04.19 2016고정26
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 October 10, 2015, the Defendant: (a) reported that a motor vehicle is suspected of drinking while driving a motor vehicle in front of the Dunst cargo center located in the North Chang-gun, Changwon-gun, the Defendant driven the motor vehicle under the influence of alcohol, such as drinking alcohol, drinking the body of the Defendant, failing to hold the body properly, and snow heavy snowing, while driving the motor vehicle under the influence of alcohol at the Dunst cargo center in front of the Dunst cargo center located in the same region.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing without justifiable grounds by avoiding so by driving a drinking measuring instrument in his/her hands.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation:

1. Reporting on the arrest of a person who is subject to the act of traffic on roads;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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 under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant, while driving alcohol while drinking, is not good to the quality of the crime of this case. The fact that the defendant has been punished as a crime of violating the Road Traffic Act (driving) once, etc., which is unfavorable to the defendant. The fact that the defendant is a beneficiary of disability such as physical disability third degree, etc., and that the defendant is a beneficiary of disability such as delayed disability, etc., should be considered when determining the amount of fine against the defendant.

In addition to the above circumstances, all the sentencing conditions shown in the records and arguments of this case shall be determined as per the disposition.

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