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(영문) 창원지방법원 2015.06.17 2014고단1390
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The defendant is a person driving B rocketing car driving.

On November 25, 2013, at around 01:27, the Defendant: (a) was under the influence of alcohol while driving the car while driving the car at one lane in front of the “Djum station” in the middle of the three-lanes.

Therefore, in light of the necessity for the safety of traffic and the prevention of traffic congestion, the police officer slopeF belonging to the Kimhae Police Station E-districted to the site after receiving a report 112, demanded the Defendant to take a drinking test four times in total from 00:57 to 01:27 on the same day, but the Defendant refused to comply with the above demand for a drinking test without justifiable grounds.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes to a report on circumstantial statements of a drinking driver, a report on detection of a drinking driver, and a report on internal investigation (violation of the Road Traffic Act-Refusal of measurement);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (only applicable to the cases where a fine has been selected, and only the case where a fine has been sentenced once for the same crime within the last ten years);

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

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

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