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(영문) 창원지방법원 마산지원 2018.05.31 2018고정96
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

Criminal facts

On March 1, 2018, the Defendant reported to the effect that “Around 01:21, the Defendant walked a phone at 119, in a French place in the Haman-gun, Hamanan-gun, Haman-gun, Haman-gun, Haman-gun, Haman-gun, “Abdo because he was on a house by drinking alcohol, and lost the way to do so.”

The Defendant, at around 02:53 on the same day, driven a motor vehicle under the influence of alcohol, such as smelling from the Defendant’s entrance, snicking, walking, and routing, by the F of the police station affiliated with the police station where the Defendant was dispatched after receiving the above report, while driving the motor vehicle on the front of the D station located in the Haak-gun, Haak-gun, Haak-gu.

The current offender was arrested as a current offender for the crime of violating the Road Traffic Act (driving) due to reasonable grounds to determine the person, and then received a request from the above F to respond to the measurement of drinking alcohol by inserting about 20 minutes, at the Hamb Police Station G patrol box located in Saba police station, located in C around 03:15 on the same day.

Nevertheless, the Defendant did not comply with a police officer’s demand for the measurement of breathe level without any justifiable reason after he saw the breath, and refused such demand.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. A written statement;

1. Application of Acts and subordinate statutes to a report on investigation (as to photographing)

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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