logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.01.05 2016고정930
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 00:34 October 14, 2016, the Defendant: (a) driven a motor vehicle in Ireland B while drinking alcohol on the road in front of the public announcement of Heungdong-dong Chungcheongnam-dong Chungcheongbuk-dong, Chungcheongnam-gu, Chungcheongnam-do; and (b) driven a motor vehicle in Ireland.

There is a considerable reason to determine a person, and it was demanded to respond to the measurement of drinking, such as the method of inserting the whole of drinking in a drinking measuring instrument from 00:42 to 01:54 on the same day, from the police officer D of the Chungcheongnam-gu Police Station C District to the 00:42 on the same day.

그럼에도 불구하고 피고인은 음주 측정기를 부는 시늉만 하는 등 4회에 걸쳐 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes of a written statement concerning enforcement and a statement concerning the circumstances of driving at home;

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

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

1. Although there are favorable circumstances in which the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is economically difficult and the health status is not good, it cannot be deemed that the amount of fine in the summary order is excessive in light of the fact that even though there was a history of punishment for driving under drinking twice, and that the control was avoided while driving under the influence of drinking again, it cannot be deemed that the amount of fine in the summary order is excessive.

arrow