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(영문) 창원지방법원 2017.08.11 2017고단1895

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On April 13, 2017, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), the Defendant did not comply with the measurement of drinking without justifiable grounds, even though he was requested from around 04:53 to around 05:03 of the same day to respond to the alcohol measurement by inserting it into three occasions in the manner of inserting it into a drinking measuring machine for three minutes from around 04:45 to around 05:03 of the same day on the following day, due to the circumstance of the suspicion of driving a drinking vehicle, which is located in C in front of the window of Changwon-si, Changwon-si, with a 112 report on the existence of a drinking-driving vehicle.

2. The Defendant, at the same time, at a place as set forth in Paragraph 1, and at the same time and place as set forth in Paragraph 1, the Defendant: (a) was requested by police officers belonging to the police station D police station D police station, which was dispatched upon receipt of a report 112 to measure alcohol alcohol; (b) was fluent to, where, where, a bit of bitch, bit of a bit of a bitch, bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of alcohol;

(B) the Corporation;

Malina

In doing so, the author tried to see the attitude that he thought that he will be able to drink E once in both hands and drink, and interfere with the legitimate execution of his duties.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 136 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; and Article 148-2 of the same Act concerning the selective punishment of a fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Sentencing sentence of Article 334 of the Criminal Procedure Act (in a case where the sentencing criteria are not set: Fine for a year): The punishment of a fine of one year: The harmful effects of drinking alcohol driving, the grounds for mitigation of liability for a crime against a police officer due to a certain uniform: Confession, confession, the police officer’s prior conviction or absence of imprisonment without prison labor for the same kind or as imprisonment without prison labor (three times a fine);