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(영문) 창원지방법원 2013.08.21 2013고단1403
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who drives a Cren car car.

On February 9, 2013, at around 05:30, when driving the said vehicle while drinking on the front of the E convenience store located in Kimhae-si, there are reasonable grounds to recognize that the vehicle was under the influence of alcohol, such as smelling and drinking on the face from a slope F belonging to the Transport Survey Team of Kimhae-si Police Station, while driving the said vehicle on the front of the E convenience store in Kimhae-si, and thus, he was demanded to comply with the measurement of alcohol at intervals of about 10 minutes from around 06:25 to around 06:56 of the same day.

Nevertheless, the Defendant did not drink prior to the occurrence of a traffic accident and did not comply with the request for a so-called alcohol test on the ground that if the Defendant takes a so-called drinking test with drinking conditions, the license suspension or cancellation value would be the same.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 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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