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(영문) 수원지방법원 성남지원 2016.04.20 2016고정324
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle for a cuber in B's possession.

On November 15, 2015, at around 00:44, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking at the Defendant’s entrance, smelling at a police box box, smelling at the Defendant’s face, sniffing at the front of 26-1, 202, and 202, the second apartment house of Yanpo-si, Gwangju-gu, Gwangju-si, and drinking at the front of 112.

If there is a reasonable reason to do so, he/she did not comply with the breath test without any justifiable reason despite being requested to respond to the breath test.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the circumstantial report of a driver of the main place of business and statutes governing field photographs;

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning facts constituting a crime, the selection of fines, and the selection of fines;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate the amount of a small-scale driver's license (see, e.g., the short driving distance and the fact that there is no past record of the same kind of crime, such as driving under drinking);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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