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(영문) 창원지방법원 2016.05.13 2016고정101
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a passenger car by borrowing B.

On September 17, 2015, the Defendant was driving the said vehicle on the street in front of the Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and caused a traffic accident leading to the sinking of the said vehicle.

Accordingly, the police box F, who was called upon 112 report, judged that the defendant was under influence of alcohol and caused a traffic accident, and transferred the defendant to the traffic investigation team of the Jung-gu Police Station. On September 17, 2015, the slope G, who is a traffic investigation supervisor, was on September 14:45, 2015, demanded the defendant to respond to the alcohol test on the grounds that there are reasonable grounds to suspect that the defendant was under influence of alcohol, such as smelling, snicking, snicking, red, and rhetoring, causing a traffic accident, and thus demanding the defendant to respond to the alcohol test.

Nevertheless, the Defendant refused to take a measurement that is not necessary due to the non-driving of alcohol, and refused a police officer's legitimate demand for a measurement of alcohol by leaving the office of light on September 17, 2015.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. Reports on the occurrence of traffic accidents, reports on the detection of drivers at home, reports on investigations, application of Acts and subordinate statutes related to denial of measurement;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act [unfair circumstances] The defendant has three times due to driving of alcohol, and one time due to refusal to measure drinking, [ favorable circumstances] the defendant's late reflects the defendant's right to demand provisional payment, and misleads the defendant.

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