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(영문) 창원지방법원 2018.09.19 2018고정427
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On May 17, 2018, the Defendant: (a) driven a B B B B B B B B B B B B B B B B B on the road crossing of the Hodong apartment in Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si; (b) caused an accident where he was on the road.

Police officers shall have driven an automobile under the influence of alcohol.

When there is a good reason to designate a person, a breath test may be conducted to determine whether a driver is under the influence of alcohol, and in such cases the driver shall comply with a breath test of a police officer.

At that time, the Defendant driven a motor vehicle while under the influence of alcohol due to a large amount of smelling, snicking on the face, chilling the horses, walking off the horses, walking off the walking distance, etc.

Since there are reasonable grounds to determine a person, it was required to take a drinking test due to the pulmonary examination of the method of inserting the d, etc. of police officers belonging to the police station C District of the Changwon who was dispatched to the said site after receiving an accident report.

However, on May 17, 2018, the Defendant did not comply with a request for measurement of alcohol at the above place on May 17, 2018, and did not comply with a police officer’s demand for measurement of alcohol at around 03:23 on the same day, and the second refusal of measurement at around 03:23 on the same day, and the third refusal of measurement at around 03:31 on the same day, and did not comply

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (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;

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