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(영문) 창원지방법원 진주지원 2015.11.04 2015고정238
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 9, 2013, the Defendant was under the influence of alcohol in the blood alcohol concentration numerical value of 20:25 on October 2013, 150 meters in front of D(Ecafeteria) in front of D(Ecafeteria) in Jinju-si, and the Defendant was also under the influence of drinking driving, and the Defendant was also under the influence of alcohol exposure to G, etc., who was under the influence of drinking control at the entrance of a reservoir with 30 meters earlier than D(Ecafeteria).

The defendant has a strong reason to recognize that he had driven while under the influence of alcohol, such as a red letter, and even though he has been requested from G to from 21:11 to 21:44 by the respiratory measuring instrument for at least 30 minutes, the defendant did not comply with the alcohol measurement without justifiable reasons.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. A report on detection of a drinking driver and a statement in the circumstances of a drinking driver;

1. Application of each statute on photographs;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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