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(영문) 창원지방법원 통영지원 2018.05.29 2017고정444

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 4, 2017, at the time of 19:20 on August 4, 2017, the Defendant driven a vehicle while under the influence of alcohol by the Defendant, such as smelling the Defendant from G to a police box of the Systama Police Station, who was at the time of 19:20, after receiving a report after having contacted the front part of the vehicle in front of the vehicle in stop after moving into the D rocketing or other vehicles.

The purpose of this study is to avoid the demand for the measurement of drinking alcohol due to reasonable grounds, and to leave the site without complying with the measurement even after being requested to comply with the measurement.

Accordingly, the defendant is in a drunken state.

In a situation where there are reasonable grounds for recognition, police officers did not comply with a request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. A report on the detection of a driver at the main place, a report on the circumstances of the driver at the main place, and an investigation report;

1. Application of field photographs, CCTV photographs, CD images-related Acts and subordinate statutes;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;