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(영문) 창원지방법원 2018.07.06 2018고단1220
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 April 11, 2018, at around 00:0, the Defendant: (a) driven DK5 passenger vehicles on the front side of DK5 on the Kimhae-si B; (b) accordingly, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, smelling, snicking, snicking, snicking, on the face of the Defendant, from the ebbbrat F of the Kimhae-gu Police Station, called to the site.

Even if there are reasonable grounds to determine a person, he/she was requested to comply with a request for alcohol testing by a police officer for alcohol testing by inserting the breath on April 11, 2018, around 00:28 of the same day, around 00:36 of the same day, and around 00:43 of the same day, on three occasions on the same day, and he/she did not comply with a request for alcohol testing by a police officer without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation, and a report on detection of any violation of the Road Traffic Act (refusing any measurement).

1. A survey report on actual condition and a ledger using drinking measuring instruments;

1. Application of Acts and subordinate statutes to a field photograph or a dynamic image to which a person under consideration refuses to measure drinking;

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;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Order of Provisional Payment is that the Defendant does not know even though he had the history of being punished twice due to drinking driving, and without permission, again causes a traffic accident that leads to shocking the central separation unit while driving a motor vehicle without permission under the influence of alcohol, and the Defendant refuses to comply with a police officer’s request for drinking alcohol measurement without any justifiable reason, and the case is not less complicated in light of the course of the situation and

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

The accident caused physical damage only due to a single accident, and the damage compensation is expected to be made through the comprehensive automobile insurance of the defendant's vehicle.

2. As seen earlier.

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