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(영문) 청주지방법원 2015.08.20 2015고정307
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

[Attachment 2015 fixed307]

1. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) on January 14, 2015, the Defendant was requested to take a drinking test by a drinking measuring instrument three times from 07:01 to 07:21 on January 14, 201, on the ground that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking, drinking, drinking, drinking, and walking, drinking, drinking, drinking, drinking, drinking, drinking, drinking, and drinking, drinking, drinking, drinking, drinking, and drinking, drinking, on the same day from 07:01 to 07:21 on the same day, but did not comply with the request without justifiable grounds.

[Attachment 2015 fixed310]

2. On December 26, 2014, at around 08:15, the Defendant, while under the influence of alcohol by 0.114%, driven the E-Wenz car over about 3 km from the front of the “Wenm clubs” located in the Gung-gu Gung-gu Gung-gu Gung-gu Cheongju-gu one cycle of the Cheongju-si, Goju-si.

Summary of Evidence

[Attachment 2015 fixed307]

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on the statement of the status of a drinking driver, a report on internal investigation, and a report on detection of a drinking driver;

1. A photograph refusing to measure drinking [2015 Go fixed 310];

1. Police suspect interrogation protocol of the accused;

1. Application of seven Acts and subordinate statutes, such as notification of the results of drinking driving control;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the volume of noise), Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of driving sound), the selection of fines, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

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

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

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