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(영문) 전주지방법원 2016.04.19 2016고단58
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by imprisonment for six months and by a fine of 300,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On January 7, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) on the road from the front of the two cafeterias located in Kim Jong-si, Kim Jong-si, Kim Jong-si, to the front of the bus platform in the area of about 10km from the 10km section without the motor driver’s license.

2. On January 7, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), at the D District Zone of the Kim Jong-gu Police Station D, Kim Jong-gu, Kim Jong-do, on January 17, 2016, caused a traffic accident in which a vehicle operating a otobba, such as the preceding paragraph, was driven by the central line of the vehicle, and was fluencing at the entrance of the vehicle, such as drinking, drinking, snowing, hnicking, stringing a red color on the face of the oba while under the influence of alcohol.

There is a considerable reason to recognize it, and he did not comply with a police officer's request for the measurement of drinking without justifiable grounds, such as evading a request for the measurement of drinking by inserting approximately 30-minutes into a drinking measuring instrument from E in the circumstances belonging to the Kim Jong-gu Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report, and evidence and photographs of the scene of the traffic accident;

1. A copy of the statement report on the circumstances of a driver driving a drinking, notification of the results of regulating the driving of drinking, and the ledger using the measuring instruments;

1. Investigation report (cases of refusing to measure drinking);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 154 subparagraph 2 of the relevant Act and Articles 154 and 43 of the Road Traffic Act (unlicensed Driving, Selection of Fines) concerning the facts constituting an offense, and Articles 148-2 and 144 (2) (the rejection of drinking measurement and the selection of imprisonment) of the Road Traffic Act;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act [with respect to a crime of violating traffic laws in the judgment of the court (e.g., refusal of drinking), circumstances favorable to the defendant among the following reasons for sentencing]

1. Article 70 of the Criminal Act to attract a workhouse.

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