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(영문) 창원지방법원 마산지원 2014.11.14 2014고정601
도로교통법위반(음주측정거부)등
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The defendant is a person who drives a EXE car.

[2014 high-speed 601] On June 18, 2014, the Defendant, at DKa Center located in Yongsan-gu, Changwon-si, Changwon-si C, without a motor vehicle driver’s license, was driving the said motor vehicle at the DKa Center, and on the same day, at around 22:05, the Defendant was under the control of the suspicion of drunk driving from F for the reason of the police box of the Masan Central Police Station Estation, which was working on the front side of the 41 East-gu Center, the same day.

On the same day: 23:00 on the same day, the police officer voluntarily was driven by the Estation of the Msan Heavy Police Station, and there are reasonable grounds to recognize that he/she was driven while under the influence of alcohol, such as influence and face of a police officer, red and snow shocking, and snicking, etc., such police officer did not comply with the request for the measurement of alcohol without justifiable grounds.

[2014cc. 602] On August 1, 2014, the Defendant driven the above X-ray car within approximately 2 km from the day before the coast of the fish market to the road before the fire patrol box, according to the same conditions from the day before the coast of the Masan-si, Changwon-si.

Summary of Evidence

[2014 High Court Decision 601]

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. A driver's license inquiry;

1. Inquiries about the results of the control of drinking driving (2014 high-level 602);

1. Defendant's legal statement;

1. Report on the circumstances of driving without a license;

1. Application of the statutes governing driver's license inquiry;

1. Relevant Article of the Act and Articles 148-2 (1) and 2, 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act, which choose the penalty for a crime;

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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