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(영문) 수원지방법원 안산지원 2016.05.24 2016고단1094
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On February 22, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a motor vehicle of D D D L with drinking alcohol around 04:30, the Defendant was arrested in a flagrant offender who was arrested at the police station E zone belonging to the Si-Sung Police Station E zone in the Si-Sunging Police Station and tried to flee due to exposure to the police officer at the Si-Sunging Police Station E zone in G while driving the motor vehicle under the influence of alcohol, while driving the motor vehicle under the influence of alcohol, such as the Defendant’s speech, snow, snow, fluence of snow, and the state of impossibility of walking.

There were reasonable grounds to determine a person, who was requested from around 05:53 on the same day to around 06:25 on the same day to respond to the measurement of alcohol by inserting approximately 30 minutes in a total of four occasions.

Nevertheless, the Defendant did not comply with a police officer’s request for alcohol testing without justifiable grounds, such as avoiding inserting the whole in a drinking measuring instrument.

2. Violation of the Road Traffic Act (Unlicensed Driving) Defendant 1 driven the said D C-V car without the driver’s license in the section of approximately one kilometer from the Do near E-art-dong, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, Seoul to the front day of Sinung-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing lies in considering the fact that the defendant confessions each of the crimes of this case in this court and appears to reflect them.

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