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(영문) 창원지방법원 2019.05.15 2019고단696
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 January 15, 2019, from around 21:00 to around 00:20 on January 16, 2019, the Defendant, while drinking alcohol in the B market at the window of Changwon-si, and driving the CA car owned by the Defendant and returning home, the Defendant was subject to drinking control at around 00:33 on the same day.

The Defendant, when there exist reasonable grounds to recognize that he was driven while under the influence of alcohol, such as making a red light sniffing, smelling a smelling, and making a smelling, etc. on the face, and the Defendant, from around 00:46 on January 16, 2019 to around 00:57 on the same day, requested three times to comply with a drinking test by inserting the respiratory in a manner of injecting the breath from the G of the Chang Police Station F to the police station of the same day, even though he was asked three times to comply with the drinking test by inserting the breath in a manner of injecting the breath,” he again refused it, and at around 01:03 on the same day, he was arrested by the above G and was arrested as a flagrant offender.

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to reports on the state of driving under a alcohol alcohol, letters of arrest of flagrant offender, notices of the results of the regulation of drinking driving, circumstantial statements of a drinking driver, investigation reports (report on the state of a drinking driver), and field photographs which refuse to

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 provides that the responsibility for the crime of this case in which a police officer did not comply with the measurement of drinking alcohol while driving a motor vehicle under the influence of alcohol due to the sentencing reason of the provisional payment order.

However, the fact that the Defendant recognized the instant crime and the liability therefrom, and some of the circumstances may be taken into account in the course of the instant crime, and other factors for sentencing, such as the Defendant’s age, character and conduct, and circumstances after the crime, shall be determined as the sentence as ordered in consideration.

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