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(영문) 창원지방법원 2020.11.27 2020고단3132
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

[criminal power] On September 11, 2014, the Defendant received a summary order of a fine of KRW 3.5 million from the general military court at the Special Electric Power Headquarters as a violation of the Road Traffic Act (driving).

【Criminal Facts】

Although the Defendant had been punished for drunk driving as above, at around 02:15, Sep. 14, 2020, the Defendant was a DNA truck parkeded in front of the window B of Changwon-si, while driving a cchip car under the influence of alcohol. On the same day, the Defendant was demanded from around 02:41 of the same day to comply with the drinking test by inserting the cchip while driving the cchip vehicle in front of the window B of Changwon-si, while being under the influence of alcohol, and carrying the cchip to the police officer affiliated with the Changwon Police Station E box, who was dispatched after receiving the report, and carrying the cchip with the above E box, and to be deemed to have driven under the influence of alcohol by the Defendant, such as the cchip and the cchip of the cchip, and the cchip to the extent that the Defendant was under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds, by avoiding it by means of drinking as soon as breath or overtooto.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, refusal to take a drinking test, photograph, and the report on the actual state of a drinking driver;

1. Previous records of judgment: Application of one copy of inquiry report and summary order, such as criminal records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

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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