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(영문) 대구지방법원 김천지원 2017.05.16 2016고단1694
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On October 20, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, heavy snow, and verification of CCTV images driven by the Defendant, from a policeman E belonging to the D District Unit of the Police Station in the Nowon-gu, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City, who was reported 112 on the road in front of the Gu-Si, Gu-si, Seoul Special Metropolitan City, on October 20, 2016.

In order to respond to the measurement of alcohol by inserting the whole in a measuring instrument from that time to December 23:12, it is required to comply with the measurement of alcohol from that time due to reasonable grounds, but "pine"

E. D. A person who wishes to die.

“A police officer did not comply with a police officer’s request for alcohol testing without good cause.”

2. On October 20, 2016, the Defendant driving a motor bicycle without obtaining a motor device license from the front side of the new horizontal market in the old-si Sin-si (Seoul Metropolitan City) around 20:59 to the front side of the Ireland, which is located in the 43 U.S. Sinsi-si (U.S.).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving a drinking driver, a report on the circumstances of a drinking driver, and an inquiry about the results of regulating drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (the occupation of unauthorized driving, the selection of fines) concerning the crime;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 200

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

1. Article 62(1) of the Criminal Act on the suspension of execution (the above favorable circumstances);

1. An order to provide community service or attend lectures under Article 62-2 of the Criminal Act;

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

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