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(영문) 대전지방법원 2013.09.26 2013고단2705
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On July 23, 2013, the Defendant was demanded to respond to the drinking test by inserting the drinking measuring instrument over about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as smelling, smelling, sniffing, smelling, 632-on the road in front of the Seocheon-si, Seocheon-si, Seocheon-si, Seocheon-si, the transportation control department of the Police Station, while driving the motor vehicle in front of the 632-on-dong, and making it possible for the Defendant to take the drinking test.

Nevertheless, the Defendant avoided so that he was sealed in his hands, and did not comply with a police officer’s demand for the measurement of drinking without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the report on the state of a drinking driver's state, and the application of Acts and subordinate statutes to the drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. In light of the fact that the defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the provisional payment order had the history of criminal punishment several times due to drinking driving, etc., the defendant's liability for the crime of this case is heavy.

However, the defendant selected a fine in consideration of the fact that the defendant is not in a good health condition as a blind person, and reflects the wrongness, and the punishment was determined as above.

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