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(영문) 대전지방법원 천안지원 2017.04.13 2017고단153
도로교통법위반(음주측정거부)등
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

1. On November 2, 2016, the Defendant was driving a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant and drinking on the road, while driving a motor vehicle with the wheels of the motor vehicle under the influence of drinking on the front of a mountain village in the vicinity of a mountain village in Busan on the 19:50 on November 2, 2016.

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking by inserting approximately 36 minutes in a breath alcohol measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On November 2, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C Poter in a section of about 5 km to the front road in front of Asan-si, Sinsan-si, without a driver’s license, at around 19:50 on November 2, 2016, on the front day of the road in front of the 20:15 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 and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Application of statutes on field photographs;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, the choice of fines, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act under Article 334(1) of the Criminal Procedure Act, the reason for the refusal of measurement of drinking alcohol, the reason for the refusal of measurement, the reason for the failure to obtain the driver’s license claimed by the Defendant, the criminal record of the Defendant’s criminal punishment (200,000 won, and a fine for driving under the influence of drinking in 2010.

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