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(영문) 의정부지방법원 고양지원 2019.02.14 2018고정1155
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 August 30, 2018, at around 00:05, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breath in total three times at around 00:30 on the same day, and around 00:35 on the same day, and around 00:40 on the same day, the Defendant was required to comply with the alcohol alcohol measurement by inserting the breath vehicle under the influence of alcohol, such as drinking, smelling, smelling, smelling, breathing, etc., from D while driving the breath vehicle under the influence of alcohol in front of the 368-3 Kasan 1 in the form of drinking.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Stenographic records;

1. Application of Acts and subordinate statutes to a report on investigation (to CCTV at a control place);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. Even though evidence of the reason for sentencing under Article 334(1) of the Criminal Procedure Act is clear, the punishment shall be determined by taking into account the following factors: (a) the fact that the defendant denies and does not reflect the crime; and (b) the fact that the defendant has been punished for a violation of the Road Traffic Act; (c) the background of the crime; (d) the age, character and conduct, occupation, environment

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