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(영문) 의정부지방법원 고양지원 2018.07.20 2018고단1351
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 31, 2018, the Defendant driven an I BM car under the influence of alcohol, such as the following: (a) in the E golf practice room parking lot located in Gyeonggi-gu, U.S. on March 31, 2018; (b) in the E golf practice room parking lot located in Gyeonggi-gu, U.S.; (c) the police box belonging to the 112 police box located in the Gyeonggi-do, U.S., Gyeonggi-do, where the occurrence of a traffic accident was reported; and (d) the police box belonging to the F police box located in the Dong-gu, U.S., Gyeonggi-do, which was called by the Defendant;

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not comply with the police officer’s drinking measurement without justifiable grounds, such as the Defendant’s refusal of drinking on the same day, around 04:25 on the same day, around 04:35 on the same day, and around 04:40 on three occasions on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, traffic accident report, statement report on the situation of the driver of drinking alcohol and report on the situation of the driver of drinking alcohol;

1. Application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. In light of the fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act does not comply with a police officer’s request for measurement of drinking, one time of the same military force, etc., the crime is inferior, but it appears to be about 25 meters in the distance of the Defendant’s driving, confession, and reflects, and all of the sentencing conditions stipulated in Article 51 of the Criminal Act are considered. It is so decided as per Disposition.

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