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(영문) 창원지방법원 2017.11.03 2017고단3107
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 September 2, 2017, at around 01:57, the Defendant was driven under the influence of alcohol by a police officer who was making a stop in the B rocketing car while drinking on the front of the knive apartment of Kimhae-si, Kim Jong-si, and was reported to the effect that he was suspected of drinking and driving under the influence of alcohol. The Defendant was driven under the influence of alcohol by the Defendant, such as making a vehicle under the influence of alcohol by a police officer who was called up after receiving a 112 report that he was able to drive under the influence of alcohol. The Defendant was in a direct position of the Defendant to the Defendant, resulting in an accident where he was parked in the front of the above knive motor vehicle of the Defendant, making the Defendant

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over approximately 22 minutes.

Nevertheless, the Defendant refused to put in a drinking measuring instrument, thereby refusing to comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (report on the situation of a driver in charge), internal investigation report (with respect to the circumstances of refusal to measure drinking and detection of traffic accidents);

1. A survey report on actual conditions;

1. The ledger using sobling measuring instruments;

1. Application of Acts and subordinate statutes on the scene of an accident, refusal to measure drinking;

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment order are as follows: (a) the Defendant driving a motor vehicle without examining the rear mirror and stopping on the road; and (b) driving a motor vehicle while under the influence of significantly under the influence of alcohol to the extent that it can continue to change the speed while driving the motor vehicle on the road; and (c) refusing to comply with the police officer’s request for a measurement of drinking even after driving the

There has been a history of punishment once due to drinking driving.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

The influence of alcohol shall be the crypology.

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