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(영문) 서울북부지방법원 2017.04.25 2017고정471
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On December 13, 2016, at around 18:20, the Defendant driven a CM5 vehicle while drinking alcohol on the front side of Dobong-gu Seoul apartment building B, Dobong-gu, Seoul. On the other hand, the Defendant, while flying a DF vehicle in the signal atmosphere, and driven the vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from the slopeF belonging to the Seoul provincial Police Station Ethical Police Station called to the site, making the Defendant snicking on the face.

Due to reasonable grounds, 44 minutes were required to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument three times between 44 minutes.

Nevertheless, while denying the driving of drinking, the Defendant avoided it and did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual condition, a ledger using a drinking measuring instrument, a report on the detection of drivers of alcoholic beverages, a report on the circumstances of drivers of alcoholic beverages, and an investigation report (case of refusal to measure drinking);

1. Application of statutes on site photographs;

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. That Article 53 and Article 55(1)6 of the Criminal Act (the same shall apply to cases where the defendant was under the influence of alcohol as soon as possible due to his/her heart drugs;

Since the police investigation, his mistake has been consistently divided.

진술하고 있는 점, 피고인이 고령의 몸으로 틈틈이 운전 아르바이트를 하면서 장애가 있는 아들과 가족의 생계를 유지하고 있던 중 이 사건 범행으로 인해 운전면허가 취소되어 생계가 막막 해졌고, 그로 인해 더욱 이 사건 범행을 후회하면서 앞으로는 사회봉사에 힘쓰고 결코 재범하지 않겠다고

(2) The crime of this case was committed by a person, and there was no physical damage, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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