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(영문) 대전지방법원 서산지원 2014.02.06 2013고정186
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 17:00 on February 25, 2013, the Defendant driven a two-wheeled vehicle with 50cc or more, and driven the said two-wheeled vehicle after drinking in Smarket where it is impossible to know the trade name of the Eup/Myeon in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, and on the same day at around 17:30 on the same day, the Defendant was under the duty of traffic control in the traffic control division C of the Jin-gu Police Station where the Defendant was patroled.

On February 25, 2013, the Defendant: (a) around 17:43 on February 25, 2013, the Defendant classified a slope C’s question at the above control place; (b) there were reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as red view and smelling, and thus, he/she did not comply with the request of a slope C to take a alcohol test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of each statute on photographs;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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