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(영문) 창원지방법원 밀양지원 2015.06.25 2015고정67

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 26, 2014, around 07:15, the Defendant: (a) in relation to a traffic accident that conflict with D buses driven by C while driving B at the road in front of the Hyundai Sea Bank Oil Station located in the same city on the road in front of the Samyang-si Pol Elementary School located in the same city; (b) from around 07:57 of the same day to around 09:00 of the same day, the Defendant was found to have driven the said cargo under the influence of alcohol by a police officer E belonging to the Kuyang-gu Police Station in the above accident scene and in the Changsung-si Emergency Hospital from around 07:57 to around 09:0 of the same day, the Defendant was required to respond to a drinking test for about one hour, but was required to comply with a drinking test for about one-hour period; and (c) failed to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Written Statements of C, H, I, and J;

1. A report on detection of a host driver;

1. Application of each statute on photographs;

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;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;