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(영문) 창원지방법원 밀양지원 2016.11.30 2016고단501
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by KRW 7,000,000.

Where the defendant fails to pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On September 1, 2016, at around 04:55, the Defendant was required to respond to the measurement of alcohol by inserting the breathm for about 30 minutes, in a manner that makes it difficult for the Defendant to recognize that he was driven under the influence of alcohol, such as smelling and smelling on the face, while driving D Kabn in the vicinity of C convenience stores near C, while drinking the alcohol on the road.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the control of drinking alcohol driving, a report on the situation of drinking drivers, a report on the status of drinking drivers, a report on detection of suspects in violation of the Road Traffic Act, a report on refusal to measure, photographing photographs, and a report on management of the report on drinking alcohol;

1. Application of Acts and subordinate statutes to investigation reports (limited to the section of sound driving);

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of a selective fine ( though many criminal offenders have been sentenced to a fine due to a violation of the Road Act, it shall be taken into account that there is only two times a fine due to a violation of the Road Act);

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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