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(영문) 창원지방법원 통영지원 2014.07.23 2014고정47
도로교통법위반(음주측정거부)등
Text

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

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

Reasons

Punishment of the crime

1. On October 15, 2013, from around 15:00 to around 16:00 of the same day, the Defendant driven BM car without obtaining a driver’s license in a section of about 40km from the funeral hall of the central hospital located in the city of Jin-si in the city of Jin-si in the city of Jin-si to the parking lot of the Tong-gu in the city of Jin-si in the city of Jin-si in the city of Jin-si, the Defendant driven BM car without obtaining a driving license.

2. On October 15, 2013, the Defendant in violation of the Punishment of Minor Offenses Act: (a) sought a statement of visit to C, who, while drunkly, tried to apply for a visit to C, who is a kind of child born in the said detention house, in the outside emotional book of the Tong-gu, Yongnam-gu, Yongnam-do; and (b) sought a statement that D, a person in charge of managing the place, would return to the said house, stating that “I would do not have a notice of time for the visit, and will directly go to the head of the Ku-gu, and the head of the Ku-gu, the head of the Dong-gu, and the head of the division.”

As a result, from the correctional public officials such as D, the removal was made about about 20 minutes, such as D, and the removal was sleeped, such as the refluence, and taking a bath.

3. Violation of the Road Traffic Act (refluence of the measurement) has considerable grounds to recognize that the Defendant was driving BMW car while under the influence of alcohol in light of witness D’s statements, etc. at the F District of the Tong-gu Police Station in the city of Tong-gu in the south of the city of Dong-gu around 17:05 on October 15, 2013, and the Defendant did not comply with the request to comply with the measurement of alcohol without justifiable grounds, such as making it difficult for him to see that he was driving BM car under the influence of alcohol due to the witness’s statements, etc., at around 17:05 on the same day from G during the F District to which he belongs, around 17:14 on the same day, around 17:24 on the same day.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Report on the free will of a drinking driver, report on the free will of a drinking driver, detailed statement on the driver's license, detailed statement on the driver's license, handling table of 112 reported cases, copy of the register of using a drinking measuring instrument, and investigation report (the CCTV confirmation photograph);

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