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(영문) 창원지방법원 진주지원 2020.01.16 2019고단1372
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 30, 2019, at around 18:15, the Defendant: (a) had a reasonable ground to believe that the Defendant was driving under the influence of alcohol by the Defendant, such as the following: (b) there was a significant reason: (c) on August 30, 2019: (d) there was a sudden reason to recognize that the Defendant had been driving under the influence of alcohol, such as the Defendant’s drinking, smelling, sneeping, red on the face, and checking the state of drinking as a result of a drinking reduction; (b) from G of the Sacheon Police Station F, which was called upon receiving the above E’s request for support to the extent that the Defendant was demanded to comply with a drinking test by inserting the drinking measuring instrument for about 15 minutes from around 19:35 to 19:50 on a total amount of 4 minutes from G of the Sacheon Police Station on the same day; and (c) even if having received a request by inserting the drinking measuring instrument with hand, refusing the measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic accident reports, on-site photographs, reports on detection of drivers, investigation reports, internal investigation reports (such as refusal of measurement of drinking by a suspected suspect), investigation reports (the situation at the time of refusal of measurement of drinking by a suspect), investigation reports (the status at the time of refusal of measurement of drinking by a suspect), and reports on criminal investigations;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, including the status of the defendant at the time of driving of the instant case, the records of the previous punishment of the defendant, and the conditions of various sentencing as shown in the pleadings of the instant case, shall be determined as the Disposition.

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