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(영문) 창원지방법원 2014.07.25 2014고정44

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 26, 2013, at around 18:25, the Defendant, while drinking alcohol on the road in front of the Pakistann-gu, Kimhae-si, Kim Jong-si, he is driving approximately two meters of a small-scale car.

The report was sent to E police officers belonging to the D District Unit.

At the time of detection, there are reasonable grounds to suspect that the defendant's entrance was snicking, snicking, and walking condition was driven by drinking, such as a snick distance in the face of the defendant, and thus, he was demanded to comply with the drinking test by inserting the above police officer four times in total, including D and 18:43 , 18:53 , 19:03 , 19:03 , and 19:17 .

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하며 경찰공무원으로부터 음주측정을 요구 받았음에도 불구하고 정당한 이유 없이 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Results of inspection conducted in this Act;

1. Partial statement of the police interrogation protocol of the accused;

1. The police statement concerning F;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The user ledger of the measuring instruments for drinking;

1. Photographs related to the refusal of measurement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

3. Article 334 (1) of the Criminal Procedure Act.

4. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;