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(영문) 창원지방법원 진주지원 2016.03.30 2015고정668
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

The defendant is a person who drives a motor vehicle under his/her own name Chump x-d motor vehicle.

On September 7, 2015, the Defendant: (a) driven under the influence of alcohol by a police officer who was under influence of alcohol while drinking alcohol at a level equivalent to 1.5 kilometers in front of real estate in front of the same Eup/Myeon, after going through the private interest of the same Eup, from the street in front of the non-exclusive restaurant located in the Sacheon-si, Sacheon-si, Sacheon-si. On September 21:37, 2015; (b) was under the influence of alcohol by Sacheon-si, Sacheon-si, Sacheon-si, Sacheon-si, the Defendant: (c) was under the influence of alcohol by the Sacheon-si, Police Station Traffic Management (D) when the Defendant was under the influence of alcohol, and was under the influence of alcohol by deeming the police officer’s inspection twice or twice avoided;

In the emergency room of the Jinju University Hospital, there is a reasonable reason to determine the person, so that the control police officer was required four times to respond to the measurement of drinking by inserting the breath in a drinking measuring instrument.

Nevertheless, the Defendant lost awareness to avoid drinking measurement, and did not comply with a police officer’s legitimate request for drinking measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Control statement;

1. Investigation report (as to refusal of measurement of drinking alcohol)

1. On-site photographs (on-site photographs);

1. Application of Acts and subordinate statutes to the ledger on use of drinking meters;

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

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