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(영문) 창원지방법원 2015.07.08 2015고정70
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 November 2, 2014, the Defendant driven a C Ecoo motor vehicle under the influence of drinking alcohol on the front road of Jinhae-gu, Jinhae-gu, Changwon-si, Jinwon-si, 45 Woo-dong, Jinwon-si, Gyeongwon-do.

The Defendant was demanded to comply with the alcohol test by inserting four minutes of the time off 30 minutes of alcohol while driving under the influence of alcohol, such as the Defendant’s response from Jinhae Police Station Guard Guard guard and the upper border D at which he was working under the influence of alcohol to the Defendant, and the background E at the control place, and the Defendant was able to recognize that he was driving under the influence of alcohol, such as smelling in the face, and snicking in the face, etc.

피고인은 그럼에도 불구하고 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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;

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

3. Article 334 (1) of the Criminal Procedure Act.

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