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(영문) 창원지방법원 2018.06.01 2018고단724
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On March 12, 2018, the Defendant, without wearing a safety cap on the road in front of E, located in the window D of Changwon-si, Changwon-si, on March 15, 2018, driven F City 100 occba, with a 100 occba, controlled on the assistant He affiliated with the G police box of the Gyeongwon-gu, Changwon-gu, Gyeongnam-do, and driven under the influence of alcohol, such as drinking alcohol to the Defendant and walking a occin.

There were reasonable grounds to determine a person, who was requested from around 15:30 on the same day to around 15:59 on the same day to respond to the measurement of drinking in a manner of inserting approximately four times in a total of about 29 minutes.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for drinking alcohol measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement report on the circumstances of the driver in charge of the primary driving, investigation report (report on the circumstances of the driver in charge of the primary driving);

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 of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is not well-known even though the Defendant had already been punished three times due to drinking driving, and as a result, the Defendant was found to have been aware of the police officer without permission while driving Oral clibs without permission under the influence of alcohol, resulting in refusing to comply with the police officer’s legitimate request for alcohol testing. Therefore, the issue

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

It has not led to an actual traffic accident, and the distance of driving is also driving.

The previous previous convictions in the past have been sentenced to a fine in full, and the last ten years have not yet been more than one case. The fact that there has been no previous convictions in the suspension of execution can be considered as favorable circumstances.

The age, sex, environment, circumstances, and circumstances of the crime of the defendant.

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