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(영문) 전주지방법원 2015.11.24 2015고정828
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is also a person who drives a cargo vehicle B.

At around 20:00 on June 16, 2015, the Defendant satisf or satch in the Songjin-gu Seoul Metropolitan City, Songcheon-gu, Mancheon-gu, had his truck driven in the direction of driving and unit of the truck from the vicinity of the Hanbun apartment in the same Dong at around 20:30 on the same day.

The driver of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear, brake system, etc. while maintaining a clean mind.

Nevertheless, the Defendant neglected such duty of care and caused property damage to the left side of the DPoter II, which was parked on the road, by negligence, to cause the shock, 4,078,458 won on the right side of the Defendant’s vehicle.

After causing the above traffic accident, the Defendant refused to take a alcohol test without justifiable grounds, even though the F, etc. of the police box sent at the scene demanded three times from 21:25 to 21:43 on the same day to comply with the alcohol test.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. A traffic accident report, a traffic accident report, and on-site photographs;

1. A copy of the usage register of a drinkator, a report on detection of a drink driver, a circumstantial statement of a drinkator, and a report on whether he/she is a

1. Application of Acts and subordinate statutes to investigation reports (recognating, refusing to measure, and refusing to affix seals);

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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the first offender and reflective points);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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