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(영문) 창원지방법원 진주지원 2015.11.27 2015고정482
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On June 9, 2015, at around 01:30, the Defendant was inspected by D while driving a Maz car on the road in front of the Jinju Police Station, which is under the influence of alcohol while driving the 48 Maz car on the roads of Jinju-si, Jinju-si, Ginju-si, Do.

There are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as smelling at the defendant's entrance, and detecting the fact of drinking during the influence of alcohol, etc., the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds, even though the defendant was requested for a measurement of drinking by respiratory for at least 30 minutes from 01:35 to 02:15 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to report the detection of a driver, a report on the circumstances of a driver's driving, and a report on the circumstances of a driver's driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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;

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