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(영문) 창원지방법원 마산지원 2015.01.14 2014고단883

도로교통법위반(음주측정거부)등

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A defendant shall be punished by a fine not exceeding 12 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. Around 02:50 on July 11, 2014, the Defendant driving a DNA low-income vehicle without a driver’s license on a section of about 1km from the front of the stone-free distance to the front of the Gyeong-gun, Gyeong-gun, Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Defendant violated the Road Traffic Act.

2. On July 11, 2014, at around 03:00, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument three minutes at around 30 minutes, on the road in front of the Johyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and at around 03:0, while driving the said franchise under the influence of alcohol, the Defendant was required to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument three-minutes for about 30 minutes, on the ground that there are reasonable grounds to recognize that he was driving of a motor vehicle under the influence of alcohol, such as smelling alcohol by the slopeF affiliated with the Haan Police Station, while driving the said franchise with drinking.

Nevertheless, the defendant was unable to comply with a police officer's request for a drinking test without justifiable grounds by keeping the drinking measuring instrument in his/her hand, preventing the measuring instrument from being taken in his/her hands, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

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

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of each alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there is a same kind of reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the crime of this case was committed during the period of probation, considering not only the defendant's vehicle was scrapped but also the fact that the defendant's vehicle is detained for not less than 10 days in this case, it seems that it is against the principle.