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(영문) 창원지방법원 2014.12.05 2014고정674

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

The Defendant is a driver of a small-scale car.

On March 24, 2014, at around 23:43, the Defendant: (a) discovered the said car on the road under the highway digging bridge adjacent to the Sammun-si Elementary School in the Chyeong-si, Kim Jong-si, Kim Jong-si, in the course of the right-way, that the police officer was under the influence of drinking on the road; (b) temporarily stopped on the road at 50 meters prior to the control place; and (c) there are reasonable grounds to deem that the Defendant driven the vehicle by drinking, such as not opening the door inside the vehicle; and (d) even if the Defendant received a demand for a drinking test for about four minutes from the slope belonging to the traffic control department of the Kim Jong-si, from around 23:45 on the same day to around 0:53 on the same day, the Defendant rejected the demand for a drinking test for about eight minutes

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. A written statement;

1. Application of the photographic Acts and subordinate statutes;

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;

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

3. Article 334 (1) of the Criminal Procedure Act.

4. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;