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(영문) 제주지방법원 2016.01.29 2015고정1060
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 2, 2015, while under the influence of alcohol at around 03:17, the Defendant was driving from the central commercial parking lot located in Hanpo-si, Hanpo-si, Hanpo-si, Hanpo-ro, to Hanpo-ro 18, Hanpo-ro, Hanpo-ro, Hanpo-ro, the Defendant was driving his own small B B car at a section of about 300 meters, and the police officer was called for and driven under the influence of alcohol.

There are sufficient grounds to suspect C police boxes, and C police boxes, from 04:43 to 05:18 on the same day, demanded a measurement of drinking for about 35 minutes on three occasions, but refused to conduct a measurement while "not having driven".

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. A copy of the ledger using drinks for drinking;

1. Application of Acts and subordinate statutes to investigation reports (the result of ctv verification);

1. Relevant legal provisions and the choice of punishment for a crime: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines;

1. Reduction: Articles 53 and 55 (1) 6 of the Criminal Act (it shall be taken into account that there is no previous conviction for the same kind of punishment);

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

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

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