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(영문) 광주지방법원 목포지원 2015.10.19 2015고정370
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On May 7, 2015, the Defendant: (a) driven a DK5 car with drinking alcohol in about 1km section from the front to the front road of the Rain apartment house located in the city of Supo City, Gapo-si, Gapo-si; (b) around 21:55 on the same day, at around 21:55, the Defendant was required to comply with a drinking test by inserting three minutes of alcohol in the face while driving while under the influence of alcohol, such as drinking alcohol, drinking alcohol, and red-lighting, from the slope E belonging to the Fapo Police Station, on the front road of the relevant C at around 30 minutes; (c) however, the Defendant continued to refuse to comply with the demand for a drinking test by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes of report on internal investigation (Evidence No. 12 pages);

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 53 and 55(1)6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 21, 2007)

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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