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(영문) 창원지방법원 진주지원 2014.11.19 2014고정395
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 24, 2014, at around 23:40, the Defendant, while under the influence of alcohol concentration in blood alcohol concentration, was found to have been exposed by C police box Doctation where the Defendant was under the influence of alcohol to stop a vehicle in front of the site while driving the vehicle in front of the Dokdo Island located in the lower-dong of the same city from the foregoing point of view.

C A police box D means that the defendant requested a breath test on the same day from 23:53 to 00:29 on the following day, and the defendant requested a breath test on the ground that he was under the influence of alcohol due to the circumstance such as that "the defendant was under the influence of alcohol and was under the influence of driving on his own while driving on his own because he was under the influence of alcohol and was under the influence of driving on his own." The defendant was under the influence of driving on his own, but he refused to take a breath test, but he was under the influence of alcohol but he was under the influence of alcohol, and was under the influence of alcohol on the ground that the defendant was under the influence of alcohol due to the influence of alcohol so that he was under the influence of alcohol so that he was under the influence of alcohol, and therefore he was under the influence of alcohol,

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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