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(영문) 대전지방법원 서산지원 2012.12.06 2012고정152
도로교통법위반(음주측정거부)등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 26, 201, from around 18:58 to around 19:22 of the same day, the Defendant violated the Road Traffic Act (refluence of measuring a drinking level) and there is a reasonable ground to recognize that the Defendant was under the influence of alcohol, such as smelling while driving alcohol while drinking alcohol on the front of a pair of drinking dust in the same way from the treatment real estate located in the office of the office of the Busan Police Station located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, and he was unable to comply with a request for a drinking test by a police officer without justifiable grounds, even though the Defendant was requested from the police officer D to comply with a drinking test on three occasions from the police officer D to whom the above police box belongs, while drinking alcohol while under the influence of alcohol.

2. Around August 26, 2011, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle shower motor vehicle from the treatment real estate in the vicinity of the Hagu-dong, Chungcheongnam-dong, Chungcheongnam-si without a driver’s license to the china in the same way.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Statement of control, and statement of the status of the driver;

1. Photographs related to the case;

1. Each report on investigation;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Subparagraph 2 of Article 148-2, Article 44(2) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act; and selection of fines for negligence

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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