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(영문) 창원지방법원 2015.08.25 2015고단1734

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for six months and by a fine of 150,000 won.

If the defendant fails to pay the above fine, 75.

Reasons

Criminal facts

1. On June 15, 2015, the Defendant driven the E-to-land (VL 125) without obtaining a motorcycle driver’s license from the front side of the Jinhae-gu, Changwon-si, the name of which is unknown, to the front side of the D stations located in the same Dong from around 200 meters to the day before the oil station in the same Dong.

2. Violation of the Road Traffic Act (Refusal of Measuring Measures) was sent back to the emergency room of the Jinhae Hospital in the same movement while the Defendant was driving the alcohol in front of the oil station in front of the oil station at the above time while driving the Otoba while driving the Otoba in front of the oil station at the above time.

At this time, the Defendant was required to comply with the alcohol test by inserting about 30 minutes in the form of a drinking measuring instrument four minutes, on the ground that there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling, drinking, reding, etc. from G from the superintendent of the transportation survey division of the Jinhae Police Station G.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (related to refusing to measure sound, and refusing to sign and seal);

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the same Act concerning facts constituting an offense;

1. Selection of a fine for a violation of the Road Traffic Act or a violation of the Road Traffic Act with respect to the punishment;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act to increase concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. A workhouse;