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(영문) 창원지방법원 진주지원 2017.09.22 2017고정55

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

The Defendant is a driver of Cunstst Syst Pots vehicle.

On October 22, 2016, the Defendant, while under the influence of alcohol at around 20:30 on October 22, 2016, driven approximately 5 km from the construction site located in the road located in the front Myeon of the west-gun, Gyeong-dong, Gyeong-do, Gyeongcheon-do, the Defendant shocked the direction sign to drive approximately 5 km up to 5 km in front of the

A driver under the influence of alcohol, such as drinking and smelling on the face, by the chief of the police box belonging to the police box of the Hendong Police Station, dispatched after receiving the report of the above accident, he/she driven under the influence of alcohol.

There are reasonable grounds to determine a person, which requires three times (the first 20:44, 20:56, 21:07, last 21:17) to respond to the measurement of drinking by inserting the whole in three times.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만하며 " 음주 측정에 응하지 않겠다", " 한 번만 봐줘 라" 라며 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Legal statement of witness F;

1. Statement on the circumstances of the driver's license prepared by the F;

1. An accident scene photograph;

1. Application of statutes to Defendant’s photograph refusing to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.