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(영문) 창원지방법원 마산지원 2018.01.05 2017고단1129

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On August 12, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as a witness’s statement from a slope D belonging to a police box of the Speaker-gu Police Station C, which was called out after receiving a report that the Defendant driven a drinking at the 112-year drinking water at the fest of the month, which was located in Gibyri 1917, among the Gyeong-gu, Jinam-nam Police Station around 23:45, on August 12, 2017, and the Defendant was under the influence of alcohol,

On August 13, 2017, from around 00:15 to around 00:25 of the same day, it was demanded to respond to the measurement of drinking by inserting the whole breath of drinking in a total of three times.

Nevertheless, the Defendant refuses the measurement “I,”

” 라는 말만 되풀이하면서 음주측정기에 입김을 불어넣는 시늉조차 하지 아니하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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;