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(영문) 창원지방법원 거창지원 2014.04.09 2014고단53
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 29, 2014, at around 00:10, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes of a drinking measuring instrument into a drinking measuring instrument while driving a motor vehicle B at the front of the steering cafeteria cafeteria located in the Gambae-Eup Do, the Defendant was required from the slope D of the Kamba Police Station C police box belonging to the Kambaon Police Station, to be found to have driven a motor vehicle while under the influence of alcohol, such as smelling, smelling, and putting the motor vehicle on the face, etc.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes on site photographs which refuse to measure a suspect;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is a punishment for the Defendant, taking into account the following: (a) the Defendant’s refusal to take a drinking alcohol test without any justifiable reason after drinking alcohol; (b) the Defendant appears to have drinking in excess of the prime amount; and (c) the Defendant’s occurrence of traffic accidents due to the vehicle driven by the Defendant; (d) however, the Defendant’s confession of his/her criminal act; and (e) the Defendant has no record of committing any crime, he/she shall be punished by a fine

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