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(영문) 창원지방법원 2020.09.15 2020고단2208

도로교통법위반(음주측정거부)

Text

A defendant shall be punished by a fine of 10 million won.

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

Reasons

Punishment of the crime

On July 1, 2020, at around 01:10, the Defendant: (a) received a report on the occurrence of a traffic accident on the road in front of the Kimhae-si Building B; and (b) received a report on the occurrence of a traffic accident, and there are reasonable grounds to suspect that the Defendant was driving under the influence of alcohol, such as a police officer D, a police officer affiliated with a police box of the Bupyeong-gu Police Station, a traffic signal at a drinking-free season, and the Defendant was driving under the influence of alcohol, etc.; (c) was demanded for a alcohol test on five occasions at a total from around 01:47 to 01:58 of the same day; (d) but (e) refused a

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, actual condition investigation report, photographs, circumstantial statement report of the driver concerned, and report on the status of the driver concerned;

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

1. Relevant Articles 148-2 (2) and 44 (2) of the Road Traffic Act and Articles 148-2 (2) of the same Act concerning criminal facts and the choice of punishment;

1. Selection of an alternative fine (the first offender shall be considered to have no record of drinking driving, and the second offender shall be considered);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.