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(영문) 대전지방법원 천안지원 2016.12.26 2016고정653
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

On June 10, 2016, at around 00:25, the Defendant rejected the demand for a alcohol test by a police official three times from around 00:35 to 0:56, without justifiable grounds, while driving the B car in front of the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, the Defendant was discovered to have been on the spot with 112 notification, and was found to have driven the B car at the site of 112 notification, and there was considerable reason to recognize that he/she was under the influence of alcohol, such as smelling alcohol and making a statement about the driving of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of control, notice of entry into an employer-employed driver, report on the status of an employer-employed driver, and details of control manual; and

1. Application of Acts and subordinate statutes entered in the ledger on the use of drinking meters;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant was sentenced to a suspended sentence of imprisonment due to a traffic accident caused by drinking driving around 2010. Meanwhile, the defendant, other than a suspended sentence of imprisonment once, has no record of criminal punishment and reflects the defendant's age, character and conduct, and environment, taking into account various sentencing conditions as shown in the arguments of this case, such as the defendant's age, character and environment, etc.

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