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(영문) 창원지방법원 마산지원 2016.08.23 2016고단664
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. Around 06:50 on June 16, 2016, the Defendant’s insultd the horses that he was driven by C while driving a BKan-P-P-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-

The victims were openly insulting by citing the large interest of “”.

2. On June 16, 2016, the Defendant was arrested as a flagrant offender under suspicion of a violation of the Road Traffic Act (drinking driving) due to the above D circumstances, etc. around 07:10 on June 16, 2016, and was transferred to the office of F office of the police station in Musan-gu, Masan-si, the central Dong of the Chang-si.

Defendant 1 driven under the influence of alcohol, such as drinking, smelling, red, etc. to the Defendant from G security guards at the F Office of the F Office of the above Minsan Central Police Station.

There is a reasonable reason to see that the person was requested to respond to the measurement of drinking on four occasions in total, including 07:23 ,07:3 ,07:43 ,07:43 ,07:53 , and 07:53 , but did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Statement of the circumstances of the driver involved in driving;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning facts constituting an offense, Article 311 of the Criminal Act that is the choice of punishment, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), and the choice of fines;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for each crime);

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

1. The circumstances below the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, and the age, sex, and environment of the defendant;

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