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(영문) 창원지방법원 통영지원 2017.09.29 2017고단730
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 May 20, 2017, the Defendant driven a vehicle under the influence of alcohol, such as smelling at the Defendant’s entrance of the police station B police box sent to the site after receiving a report from C by the police officer who was assigned to the police station B police box at the Sungsung-gun Police Station B, which called “A passenger was supported by a passenger car, and a driver is locked” on the road in front of the seat of the Gosung-gun Police Station, Gyeongsung-gun, Gyeongnam-gun, the Defendant driven a vehicle under the influence of alcohol, such as smelling at the Defendant’s face and scaring

A person who has been requested to respond to the measurement of alcohol due to reasonable grounds to determine the person, but an acting engineer has been driving;

In response to the measurement of re-consumption of alcohol at around 03:47 of the same day and around 03:54 of the same day, however, it was requested by the above C to respond to the measurement of re-consumption of alcohol, but it was rejected without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, conducting a survey on actual condition, making a circumstantial statement of the driver under the influence of alcohol, and inquiring about the results of regulating drinking;

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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