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(영문) 창원지방법원 진주지원 2014.09.25 2014고정282
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

At around 00:40 on March 19, 2014, the Defendant, while under the influence of alcohol in the numerical value and aesthetic value of blood alcohol concentration, was driving B 100 meters or more at the front of the post office located in the same Dong/Dong at the time of Jinju, and was under the influence of alcohol-free driving by C, etc. during the influence of alcohol control at the same time, and controlled the suspicion of drunk driving.

As there are reasonable grounds for the Defendant to recognize that he was driven under the influence of alcohol, such as raising the speech, raising a little radius, and showing a little red side, etc., the Defendant did not comply with the request from C to 0:54 on March 19, 2014 to 01:25, even though he/she was requested from C to take a pulmonary measuring instrument for at least 30 minutes from around 00:54, 2014

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), the selection of fines 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;

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