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(영문) 창원지방법원 거창지원 2013.08.28 2013고단204
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10,000,000 (one thousand).

If the defendant fails to pay the above fine, 50.

Reasons

Punishment of the crime

1. On June 7, 2013, at around 17:25, the Defendant violated the Road Traffic Act (e.g., refusal to measure the drinking level), the Defendant was required to comply with a drinking test by inserting alcohol in a manner of breathizing the breath of the drinking level, such as making a large amount of drinking alcohol to the Defendant from a slopeD affiliated with the Seocho-gu Police Station C commander of the Seocho-gu Police Station, who was called for a traffic accident requiring a heavy drinking and breathing on the face while driving the breath of the breath in a condition of drinking, while drinking alcohol from the front of the gal village in the Chang-gu, Changdong-gu, Changdong-gu, Changdong-gu.

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

2. Violation of the Road Traffic Act (unlicensed Driving) driving of B Popsing vehicle at a section of about 15 km from the front post office road in front of the jun Chang-gun, Gyeongnam-gun, to the front road of the lusian village in the same side without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The ledger of driver's licenses;

1. Application of Acts and subordinate statutes governing traffic accident records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise, the choice of fines) concerning the selection of punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

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

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order had already been two times, the defendant had been involved in a traffic accident while driving a motor vehicle with no driver's license while drinking alcohol.

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