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(영문) 춘천지방법원 속초지원 2013.11.29 2013고정209
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is engaged in the operation of B B B B-L cruise car.

On August 22, 2013, the Defendant, at the central market parking lot located in the central city of Seocho-si, Seocho-si, from around 3 km to the Dong-dong road located in the same city of Nowon-do, was found to have been driven under the influence of alcohol and conducted a drinking test from an slope C of the Seocho Police Station while being driven under the influence of alcohol at around 3 km in the same city of Nowon-do.

As the Defendant was under the influence of alcohol, there are reasonable grounds for the Defendant to have been driving under the influence of alcohol, such as influorous, red and smelling, and smelling in the entrance, and thus, was demanded to comply with the measurement of alcohol by inserting the whole in a drinking measuring instrument three times at around 22:5 (1), 23:02 (2), and 23:26 (3) on the same day.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정을 거부 하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the circumstances of an employee;

1. Application of Acts and subordinate statutes governing drinking 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. Article 53 and Article 55(1)6 of the Criminal Act for discretionary mitigation (i.e., the confession of a crime and reflects the depth of the crime, the motive for taking into account the crime in this case, and the absence of a previous conviction other than a fine for one time);

1. Articles 70 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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