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(영문) 창원지방법원 2017.05.10 2016고정1188
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On October 14, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as making a heavy drinking, without responding to the police officer belonging to the police station D District of the Changwon Police Station D, which called "I Domp Ham Ham Ham Ham Ham", who was a window at Changwon-si around 00:57, while drinking on the front side of the 113-dong apartment building and was reporting that the Defendant would be suspected of drinking, while driving a motor vehicle under the influence of alcohol, on the front of the 113-dong apartment building.

As there are reasonable grounds to recognize, it was demanded from around 01:16 to around 01:57 of the same day to respond to the measurement of drinking alcohol by inserting approximately 41 minutes into the drinking-free measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds, such as avoiding measurement by a method that does not put the part of the measuring instrument properly into the drinking measuring instrument.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

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

1. Investigation into the dispatch conditions of the site and refusal to measure drinking, and the application of Acts and subordinate statutes to photographs;

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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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