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(영문) 창원지방법원 거창지원 2018.09.12 2018고단106
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 16, 2018, at around 00:54, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately twenty minutes of the police box C of the Gohap Police Station C, which was located in Gohapcheon-gun B, for approximately twenty minutes after the police box.

At the time, on March 15, 2018, the Defendant reported G and Si 112 before the F restaurant located in Gohap-gun E, Gohap-gun on March 15, 2018, and called the scene by police officers. G was driving a drinking by the police officer.

In other words, the defendant was driven under the influence of alcohol, such as reaction of a drinking-free instrument, etc.

There was a considerable reason to determine the person.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of the driver who is placed in driving, and report the results of regulating drinking;

1. Application of Acts and subordinate statutes to each investigation report (for example, 7, 11, 14) at a net time;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished by a fine due to drinking alcohol driving even before, and the defendant denied his mistake without going against the investigation process in this case, which is disadvantageous to the defendant.

However, there are some circumstances favorable to the defendant, such as recognizing the defendant's wrongness in this court.

In addition, the various sentencing factors indicated in the records and arguments of this case, such as the defendant's age, sex, happiness, career, family relationship, motive and circumstance of the crime, etc., shall be comprehensively considered, and the punishment as ordered shall be determined.

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