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(영문) 창원지방법원 거창지원 2017.06.23 2017고정44
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 22, 2017, at around 15:40 around 15:40, the Defendant was driving under the influence of alcohol in light of the following: (a) the Defendant was on the roads of C D Dental Hospital located in Gohap-gun B; (b) the Defendant was notified that Dat 100 Oral Baba was involved in the accident; and (c) the Defendant was dispatched from F to the police box belonging to the Gohap-gun Police Station Emba, the Defendant was driving under the influence of alcohol in light of the fact that the Defendant was

A person who has a reasonable reason to determine a person, “a person who has taken a drinking test,” refers to a speech, and received a request to comply with a drinking test by inserting the whole in a drinking measuring instrument at around 15:55, but failed to comply with it. In addition, he/she received a request to comply with a drinking test by inserting the whole part of a drinking measuring instrument at least four times during the period from that date to 16:30 on the same day, but did not comply with it without justifiable grounds.

Accordingly, the Defendant driven a motor vehicle while under the influence of alcohol.

A person who has reasonable grounds to be appointed as a person has not complied with a police officer's measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. The circumstantial report on the drivers of the primary drivers and the circumstantial report on the drivers of the primary drivers;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case, report on internal investigation and report on investigation (on the spot dispatch);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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