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(영문) 창원지방법원 2015.06.10 2015고정90

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 02:10 on November 1, 2014, the Defendant: (a) driven the said car and was parked in front of the E station located in D at Kim Jong-si Park Park at the time of Kim Jong-si, and was parked in front of the E station located in D at the seat of his park street; (b) the victim F (Nam, 43 years old); (c) was combined with G Tex owned by G Tex, and received the left-hand left-hand side of the Defendant’s driving vehicle.

There are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as smelling with a large amount of smelling in the Defendant’s entrance at the scene of the traffic accident as above, and the blood color with red, and thus, the Defendant did not comply with the demand for a drinking test without justifiable grounds even though he was requested by the police officer at the traffic survey center office of the Busan Police Station from November 1, 2014 to 03:27 on April 4, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and I;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

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 (1) and 69 (2) of the Criminal Act for the confinement 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;