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(영문) 창원지방법원 진주지원 2013.08.22 2013고정381
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

1. At around 01:30 on December 23, 2012, the Defendant, while under the influence of alcohol without a driver’s license, was driving his/her own B New EF car on the roads front of his/her death, in front of the Cheonggcheon-ri, in front of the Cheonggcheon-ri, in the Geumcheon-ri city, where the amount of his/her own new EF car was advanced.

2. The Defendant was inspected by a slope D, etc. to a police box belonging to the Jinju Police Station C, which is under the influence of alcohol at the same place, and voluntarily operated with the C police box for the suspicion of drinking alcohol driving, following the inspection by the relevant slope D, etc.

The Defendant, at the above police box, was inaccurate in response to the questions of slope D, was driving under the influence of alcohol, such as influoring and drinking alcohol, and there are reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as influoring and drinking alcohol, and was requested from the above police officer to 02:10 minutes from the above police officer to 02:40, but did not comply with the breath test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the point of refusing to measure such facts, the selection of fines) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

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