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(영문) 춘천지방법원 2020.09.10 2020고단611
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 12, 2020, at around 00:15, the Defendant stopped while driving D-Wts on the front of the “C-C-C-C-C-C-C-C-C-C-C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-P-S-S-S-S-S-S-S-S-S-P-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Application of the Acts and subordinate statutes to the Defendant’s statutory statement, reporting on the status of his driving, the report on the status of his driving, the report on the statement of his opening, the CCTV images at the scene of the internal history report (the specific circumstances of the driver involved in the sound driving), and the track records

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act that choose a penalty, Articles 70 (1) and 69 (2) of the Criminal Act that attracts a person to a workhouse of a fine;

1. It is so decided as per Disposition by taking into account all the following factors: (a) When the crime of this case was committed with the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the Defendant driven while a considerable drinking room; (b) when the Defendant made a false statement to a driver; and (c) refused to take a drinking level; and (d) one time before and after a fine was committed by drinking driving

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