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(영문) 부산지방법원 2012.12.14 2012고합939
도로교통법위반(음주측정거부)
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

On September 23:30, 2012, the Defendant: (a) while driving a CM7 vehicle on the front side of the signal apparatus crossing No. 11 in Gangseo-gu, Busan Metropolitan City, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument for about 45 minutes from September 20, 2012 to around 0:00, on September 20, 2012; (b) there are reasonable grounds to recognize that the Defendant was making a drinking by causing a traffic accident while driving the CM7 vehicle on the front side of the Busan Metropolitan Government-dong-dong-dong 111; and (c) in the course of undergoing an examination by the Busan Gangseo-gu, the transportation inspection department Do Police Station D, and E, due to the occurrence of a traffic accident; and (d) there is a large amount of face in red in the course of undergoing an examination by E; and (d) there is

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports and photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment was committed by the defendant, and the victims of the protruding accident (the 8th page of the evidence record) on the two front line vehicles while driving under influence of alcohol sustained an injury requiring treatment for about two weeks (the 42,58th page of the evidence record), and the cost of repairing the damaged vehicle was also one million won.

(No. 43, 44 of the Evidence Records) No. 43, 45 minutes of a police officer’s demand for sobage measurement, and considering the gravity of the crime in light of the circumstances, contents, etc. of the crime, there is a need for strict punishment corresponding thereto.

I would like to say.

However, the fact that there is no record of criminal punishment, the fact that the mistake is divided and reflected, the fact that the defendant's health status is not good due to the pulmonary tuberculosis's symptoms, etc. is favorable, and the defendant's age, character and conduct, family relationship, etc. are shown in the arguments of this case.

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