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(영문) 춘천지방법원 2016.05.17 2016고정155
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing car.

On November 19, 2015, the Defendant driven the said vehicle in front of the “D week” road located in Chuncheon City, 01:15, while driving the said vehicle on the front of the “D week” road, the Defendant was under the influence of alcohol on the following grounds: (a) the Defendant was under the influence of alcohol on the part of the Defendant, from G in the circumstances where he was dispatched after receiving a report on illegal use of the vehicle from the latter E, the Defendant was under the influence of alcohol; (b) the Defendant was under the influence of alcohol on the part of the Defendant: (c) the Defendant was a bad

Although there is a reasonable reason to determine a person, it is required to comply with a drinking test by inserting approximately 30 minutes into a drinking measuring instrument four times between 30 minutes, it is required to do so, but it is not required to respond to a police officer's request for a drinking test without a justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to investigation reports (related to refusal to measure drinking), copies of the ledger of use of a drinking measuring instrument, and photographs refusing to measure drinking;

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. It is recognized that the reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant appears to have repented and reflected the wrongness of the Defendant; (b) the Defendant has no particular criminal history other than three times before and after the penalty is imposed; (c) the Defendant was treated as a disease such as having been in the absence of any specific criminal history; (d) the Defendant is in the class 5 of the disability of the Defendant without delay; and (e) the Defendant appears to have been given treatment as a beneficiary under the National Basic Living Security Act, who is an economically difficult situation.

However, the legislative intent of the Road Traffic Act punishing the refusal of drinking alcohol measurement, and the statutory penalty for the crime of this case.

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