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(영문) 창원지방법원 통영지원 2021.03.31 2020고정276
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 June 13, 2020, the Defendant driven a motor vehicle in front of a public parking lot located in the Gapo-dong at the time of 02:45 on June 13, 2020, under the influence of alcohol, while driving approximately 2 meters of alcoholic beverages at around Bschton sports vehicles at around 112 meters after stopping, and receiving a report on 112 meters, while driving a motor vehicle under the influence of alcohol, such as a red and cross-breadth.

There are reasonable grounds to determine a seal, and from around 02:55 to around 03:11 on the same day, it was demanded to respond to the measurement of drinking alcohol by inserting the whole influence of a drinking measuring instrument three times.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

Summary of Evidence

1. The application of Acts and subordinate statutes to the defendant's legal report on the result of regulating driving of drinking alcohol and the statement of the situation of the driver;

1. Article 148-2 (2) and Article 44-2 (2) of the Road Traffic Act and the selection of fines 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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