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(영문) 대전지방법원 2015.01.29 2014고정2190
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

On September 15, 2014, at around 16:10, the Defendant was driving a Karen Passenger Car in front of the 148th amba-ro, Dong-gu, Daejeon-ro, Daejeon-ro, 148 (Mamamba-dong), while drinking a amba-ro at a four-distance crossing of the amba-ro, Daejeon-gu, Daejeon-dong Police Station, with a profound winding and face of drinking in the Defendant’s entrance, and there were reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as amba-ro from the slope D belonging to the Daejeon-dong Police Station, and scamba-ro at the time of drinking, and was demanded to comply with a drinking test by inserting the amba-ro four minutes of a drinking measuring instrument.

Nevertheless, the defendant refused to take a drinking test, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the use of a drinking gauge, report on the situation of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of each statute on photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has a serious criminal record of the same kind of offense, but confession and reflect in depth.

Here, considering all the circumstances such as the defendant's age, character and conduct, health, home condition, and circumstances after the crime, the punishment as ordered shall be determined.

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