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(영문) 인천지방법원 부천지원 2017.12.08 2017고정1046
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 10, 2017, the Defendant’s reservation of the Banyang-dong 276 from the long-term commercial building located in the long-term Dong, Kimpo-si, Kimpo-si on July 22:58, 201 to the same city Kimpo-dong.

Up to the second half, approximately 2 km was driven.

A driver who was driven under the influence of alcohol, such as drinking, smelling, snicking, etc., by the police officer D belonging to the Kimpo Police Station C of the Kimpo Police Station, after receiving a report.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking alcohol.

Nevertheless, the Defendant did not drive a vehicle and refused to comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (on-site reports);

1. The survey report on actual condition, the report on the occurrence of traffic accidents, the notification of the results of crackdown on drinking driving, and the statement of the situation of the driver under driving;

1. The ledger using the measuring instruments for drinking;

1. Refusal of measurement, application of Acts and subordinate statutes on site photographs;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The punishment is strictly required in light of the risk of driving drinking, the defendant's request for the measurement of drinking by a police officer was lawfully made after being put into the Central Separation Group after being subject to the Central Separation Group, and the nature of the crime is not good. The circumstances favorable to the fact that the records of punishment for the same kind of crime are recognized and contradictory to the fact that there was only one time: In addition, it is against the fact that family relation, motive and circumstance of the crime, means of the crime, circumstances after the crime, etc., and the various kinds of sentencing conditions as shown in the theory and changes are determined as ordered.

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