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(영문) 창원지방법원밀양지원 2020.09.08 2020고정77
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

Around 01:21 on June 16, 2020, the Defendant was required to respond to the measurement of alcohol in a manner of injecting the alcohol measuring four minutes in a drunk for about 16 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making the Defendant’s statement that he would drink and drink alcohol, from the G located in the Kanyang Police Station F Zone, which was called out after receiving a report from the head of the Kanyang Police Station F Zone under the influence of alcohol to the above Bel parking lot. However, the Defendant was required to respond to the measurement of alcohol in a manner of injecting the alcohol measuring four minutes in a drunk for about 16 minutes, and refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as reporting on detection of suspects in violation of the Road Traffic Act (Refusal of measurement), notification of the results of the regulation of drunk driving, investigation report (reficing to take measurements), control details, report on the situation of a drinking driver, and

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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