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(영문) 인천지방법원 부천지원 2017.09.27 2017고정854
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On June 4, 2017, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking alcohol and smelling red at the face, while driving a motor vehicle with D liquid cargo in front of the frequency of “C” in Kimpo-si B, Kimpo-si, Kimpo-si, while drinking alcohol; and (b) driven a motor vehicle under the influence of alcohol.

There is considerable reason to recognize that there was a reasonable reason, the F police box was demanded to respond to the drinking measurement by inserting the breath of drinking in three times from G Assistants.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the investigation report on the actual condition of traffic accidents, on-site photographs, notification of the results of regulating drinking driving, and the statement report on the situation of

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The Defendant led to the confession of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

However, in light of the legal attitude, there is a serious violation of his mistake.

It does not seem that it does not appear.

In spite of the fact that a person has been punished by a fine due to a drinking driving, he/she has committed another same crime without being punished.

In addition, the punishment shall be determined by comprehensively taking into account the following factors, such as the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the crime.

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