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(영문) 창원지방법원 2018.10.24 2018고정425

도로교통법위반(음주측정거부)

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Criminal facts

On June 7, 2018, the Defendant, who is engaged in driving of a car Alh Pon, was driven under the influence of alcohol, such as a police officer E belonging to the police station D District of the Kim Sea, who discovered that he/she driven the above vehicle while driving the vehicle while drinking, while driving it on the roads of the Korea Electric Power Corporation Kimhae Branch Office located in the Dongwon-dong at Kimhae-dong on June 7, 2018, and the Defendant was under the influence of alcohol, such as drinking alcohol to the Defendant and showing reaction to the reduction of drinking alcohol.

There are reasonable grounds to determine a seal, and thus, the same day from around 00:38 to around 00:53 of the same day requested to comply with a drinking test by inserting the whole in four times of drinking in a total of the same day, but the police officer did not comply with a police officer’s request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;