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(영문) 광주지방법원 2014.05.15 2014고단242
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 9, 2014, at around 03:10, the Defendant: (a) was driving B truck on the street on the national highway No. 1 of the C-Eup at B-Eup, and was stopping on his own for himself; (b) the Defendant was asked the police officer, who was dispatched to the site after having received a report that there was a vehicle driving the said truck; and (c) there is considerable reason to recognize the fact that the Defendant driven the said truck under the influence of alcohol, such as a click distance with red blood, etc.; (d) the Defendant did not comply with the demand for a drinking measurement by inserting the alcohol measuring machine over two times from D on the same day; and (e) the Defendant did not comply with such demand without justifiable grounds, despite having received a demand for a drinking measurement by inserting it on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police suspect interrogation protocol against the accused;

1. A report on the state of the operation of a motor vehicle and a report on detection of the motor vehicle driver;

1. Application of Acts and subordinate statutes on control field photographs;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine (the last time when the defendant was punished as a crime of violating the Road Traffic Act, considering the fact that the period from September 22, 2005 passed since September 22, 2005, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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