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(영문) 수원지방법원 여주지원 2016.08.09 2016고단538
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On December 23, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seoul Southern District Court, and on December 31, 2014, the above judgment became final and conclusive on December 31, 2014, and is currently in the grace period. On November 14, 2014, the Seoul Southern District Court was sentenced to a fine of KRW 5 million for a crime of violation of the Road Traffic Act (refluence of alcohol measurement) at the Seoul Southern District Court, and was sentenced to a fine of KRW 1 million for a crime of violation of the Road Traffic Act (drinking on December 3, 2004).

[2] On June 2, 2016, the Defendant: (a) driven a motor vehicle in F in the direction of “E cafeteria” located in Ischeon-si, Ison-si; and (b) driven a motor vehicle under the influence of alcohol at F upon receiving a report from 112, the Defendant: (c) driven a motor vehicle under the influence of alcohol at the border of the Dong-cheon Police Station G Ha, etc., the Defendant: (d) driven a motor vehicle in the influence of alcohol at the border of the Leecheon-gu Police Station; (c) the Defendant snicked, sniffed, with red, and hicked; and (d) the Defendant

On June 2, 2016, from around 23:14 to 23:46, it was demanded to respond to the measurement of drinking by inserting the whole influence of drinking in three times from June 2, 2016.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report and a report on the occurrence of a traffic accident;

1. Photographs refusing to measure drinking;

1. 112 Notification to a department related to the report of the case;

1. Statement of the circumstances of driving at home;

1. Investigation report (verification report of data about video products which refuse to measure drinking);

1. Report on internal investigation (I telephone communications);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and a report on investigation (report on attachment of past similar judgments, such as confirmation of criminal facts, etc. during the period of probation A;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense, the choice of imprisonment, and the choice of a sentence.

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