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(영문) 창원지방법원 진주지원 2016.06.30 2016고정199
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On February 7, 2016, while under the influence of alcohol on February 19:50, the Defendant started driving at the Cheongdong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

E The defendant was identified as the police officer who arrived at the scene, and the defendant was driving alcohol.

At that time, the defendant argued that he was snicking, snicking several reds on his face, and driving a drinking, such as a snick distance.

there was a reasonable reason to determine the person.

Accordingly, the Defendant, who was sent to the G hospital emergency room located in the Hadong-gun F, requested the first measurement of the police box at around 21:00 on the same day against the Defendant, but the Defendant refused to comply with the demand for alcohol testing at intervals of 21:10 and around 21:25, at intervals of 10 minutes, on three occasions, such as around 21:10 and around 21:25.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to field photographs (No. 28-29 pages);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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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