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(영문) 창원지방법원 마산지원 2012.07.18 2012고합58
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

At around 12:00 on March 17, 2012, the Defendant driving the said vehicle after drinking alcohol at the C cafeteria of Changwon-si, Changwon-si, Changwon-si, and on the same day at around 15:45 on March 17, 2012, the Defendant was under the suspicion of drunk driving from the slope E belonging to the D District, which was dispatched after receiving a report among the two-lanes in the direction of the synthetic road adjacent to the Changwon-si, Changwon-si, Changwon-si, Changwon-si, which is located in the wheeldong of Changwon-si., the Defendant was under the suspicion of drunk driving.

On March 17, 2012, the Defendant stated that, at around 16:13, the Defendant driven a sloping F (ma, 41 years of age) on the inquiry of slope E at the police box above, the Defendant stated that the said F was not in fact driven at the above control place, and that there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as her face being placed on a red light and smelling a smell, etc., and that the Defendant was in the influence of alcohol, the Defendant demanded a alcohol measurement three times from the above date to 16:45, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Reports on the results of the control of drinking driving, reports on the circumstantial statements of drinking drivers, ten copies of field photographs, written statements (control records), and the next-round inquiry;

1. Application of Acts and subordinate statutes to each investigation report;

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. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the defendant was divingd within a passenger car as stated in the judgment of the court below, and it does not constitute a crime of failing to comply with a police officer's request for measurement of drinking, since he did not drive the above vehicle.

2. On the basis of the judgment, the following circumstances acknowledged by the evidence presented above, i.e., the police who called out after receiving a report, is the Changwon-si.

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