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(영문) 창원지방법원 2019.10.29 2019고단1803
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 February 19, 2019, the Defendant: (a) was driving a C low-priced motor vehicle in the state of alcohol on the front of the Daegu-gu Birel on the road; (b) was receiving 112 declaration (Receipt No. 244); and (c) was demanded to comply with the measurement of drinking by inserting a drinking measuring instrument over about 20 minutes on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling at the site from the D District E of the Police Station in the month, Police Station D District E, etc., sent to the site, and making it inaccurate for the Defendant, and making it difficult for him/her to take a drinking test.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Reporting on detection of suspects in violation of the Road Traffic Act;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines for criminal facts;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is to be taken into account in favor of the defendant's confession and reflect, and to take into account circumstances that are shown in the trial and records, such as the defendant's age, character and conduct, career, and circumstances after the crime, and determine the sentence as ordered

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