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(영문) 제주지방법원 2014.05.01 2014고정310
도로교통법위반(음주측정거부)등
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

[2014 high-level 310] On November 18, 2013, the Defendant caused an accident in which the lower part of the left side of the Crocketing and other automobiles parked on the road that was parked on the road before the development of Chinese human resources in Seopo-si, Seopo-si, Seopo-si.

Therefore, two persons, including E, etc., who were called up after receiving a report, voluntarily act with the Defendant as a Do box, and check the Defendant. As such, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by influoring the body of his body in a remote and inaccurate manner, and require the Defendant to respond to the drinking test by inserting approximately 35 minutes of it into a drinking measuring instrument.

Nevertheless, the Defendant did not put the whole in a drinking measuring instrument and did not comply with a police officer's request for a drinking test without justifiable grounds.

[2014 High 311] On March 12, 2014, the Defendant, without obtaining a driver’s license on March 12, 2014, driven a Btosk passenger in the section of approximately 1 km from the front of the yellow singinging line, which is in the West-dong at the time of Seopopo, to the front of the singular singinging line in the same manner, under the influence of alcohol concentration of 0.087%.

Summary of Evidence

[2014 High Court Decision 310]

1. Statement by the defendant in court;

1. A written statement;

1. Report on the circumstantial statement, traffic accident report, and photographs [200, 311] of the principal driver;

1. Statement by the defendant in court;

1. Report on the circumstances of driving a motor vehicle, the ledger of driver’s licenses;

1. The application of the statutes to the inquiry letter of driver's license and the results of crackdown on drinking driving;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (1) 2, 44 (2) of the Road Traffic Act (a point of refusing to measure such foods), 148-2 (2) 3, 44 (1) (a point of driving foods), 152 subparagraph 1, and 43 of the Road Traffic Act (a point of driving without a license);

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment: Selection of a fine;

1. Aggravation of concurrent crimes:

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