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(영문) 창원지방법원 진주지원 2017.05.18 2017고정45
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On November 10, 2016, the Defendant was inspected by E in the circumstances belonging to the police station of Jinnam-gu Police Station D, which is under drinking control while driving the CM7 car on the front of the Jindong-dong Jindong-dong, in the state of drinking around 04:45 on November 10, 2016.

The defendant was driving a vehicle under the influence of alcohol, such as making a drinking at the time of drinking a breath, with a strong distance and a sense of drinking alcohol.

Since there are reasonable grounds to determine the person, even though the police officer was requested to take a drinking test from 04:50 on the same day to 05:20 on the same day from 04:50 on the same day by 30 minutes, the police officer did not comply with the drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written confirmation, a report on the detection of the driver at home, and a written statement of the driver at home;

1. Photographs refusing to measure drinking;

1. Application of Acts and subordinate statutes to each investigation report (13 pages, 34 pages of investigation records);

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

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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