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(영문) 창원지방법원 밀양지원 2014.05.15 2013고단664
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 1, 2013, at around 00:30, the Defendant was in a state of parking a vehicle beyond the center line in front of the C Hospital located in Sinnam-gun B, and was required to comply with the measurement of alcohol by inserting approximately 50 minutes of the alcohol measuring instrument, for the following reasons: (a) there were reasonable grounds to recognize that the Defendant driven a vehicle while under the influence of alcohol, such as drinking, smelling, breathing, and hinginginginging off, while driving the vehicle in the reverse direction; (b) the Defendant was in a state of parking a vehicle beyond the center line in front of the C Hospital,

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Traffic accident report, accident detection report, and circumstantial statement of the driver concerned;

1. A report on investigation;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not only twice the same power is imposed on the defendant, but also a serious punishment is required in that the defendant committed the crime of this case during the period of repeated crime. However, the defendant's mistake is against himself/herself, and the defendant's mistake is against himself/herself, and the defendant's reason, age, character and conduct, environment, etc. which led to refusal of drinking alcohol measurement shall be determined

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