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(영문) 광주지방법원 2017.05.18 2017고단907
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On February 21, 2017, the Defendant was carrying out a stop from F to the police box belonging to the police station of the Gwangju Dong-dong department, which was patroled at the same place, while drinking alcohol on the shooting distance of the G building in Gwangju Dong-dong Security Center around 23:20 on February 21, 2017. However, the Defendant was forced to stop from F to the road in front of the building in Gwangjubuk-gu.

At the time, the Defendant was driven under the influence of alcohol, such as sniffing the Defendant’s smell, rhing and routing the horses, and routing the face with redlight, etc.

On February 21, 2017, on February 23:28, 2017, when there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking in a manner of inserting the whole breath of drinking in three occasions, such as one time at around 23:38 on the same day, two times at around 23:48 on the same day, and 23:48 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s request for a measurement of alcohol without justifiable grounds, because he/she did not have any defect in a drinking measuring instrument only once.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

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

1. Application of Acts and subordinate statutes on video materials concerning refusal to measure drinking;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

(a) Unfavorable conditions: The fact that the instant crime was committed even though he/she was punished twice due to drinking;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.

C. The Defendant’s punishment was determined in consideration of the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and other various sentencing conditions specified in Article 51 of the Criminal Act, which were revealed in the records of the instant case.

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