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(영문) 창원지방법원 2021.02.17 2020고단3916
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 18, 2020, at around 00:10, the Defendant parked a vehicle on the nearby road while driving the C Aarar Babrid car on the front of the entrance road at the G apartment site in Kimhae-si, Kimhae-si.

On the other hand, the defendant continued to drive a vehicle from the slope E belonging to the father police station where he was under the influence of drinking, the defendant was sniffing the vehicle immediately before the scene of drinking control, the defendant was sniffing the vehicle, and the defendant was sniffing a large amount of drinking, and the defendant was sniffing the drinking, etc., and the defendant was requested from 00:29 to 00:40 on the same day to have a total of three occasions of drinking, but did not comply with it.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement, investigation report, notification on the results of regulating the driving of alcohol, and detection and report of violations of traffic laws (refusing alcohol), to the accused's legal statement;

1. Relevant provisions of the Act and Articles 148-2 (2) and 44 (2) of the Road Traffic Act concerning the facts constituting a crime (opportune selection);

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

1. Taking into account the fact that the Defendant’s reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary offender with no criminal history, and all of his errors are recognized.

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