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(영문) 창원지방법원 2015.06.03 2015고단199
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2014. 12. 24. 02:40경 김해시 C에서 D 베라크루즈 차량을 운전하여 진행하다가 E모텔 앞 삼거리 도로변 가로수를 들이받고 시동을 켠 채 운전석에서 자던 중 이를 목격한 성명불상자의 112신고로 적발되었다.

At the time, there are reasonable grounds to believe that the Defendant was driven under the influence of alcohol, such as smelling and breathing snow, etc., the Defendant was demanded to comply with the drinking test by inserting approximately 30 minutes from the slope F, etc. belonging to the Kimbu Police Station in the manner of putting about 30 minutes in the influence of alcohol.

Nevertheless, the defendant, while avoiding this, did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a traffic accident actual condition investigation report, and a photograph of the accident site;

1. Application of Acts and subordinate statutes to the Report on Finding Drivers, the Report on Finding Drivers' Status Statement, the Report on Refusal of Measurement, the Report on Use of Drinking Measuring Device, the Report on Investigation (Confirmation of Vehicle Track Image Images);

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the selection of a fine, the selection of a criminal defendant's mistake in depth, and the fact that the criminal defendant's mistake seems to be repented, and the fact that no criminal records exist other than fines due to drunk driving, etc.);

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

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

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