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(영문) 창원지방법원 2018.03.28 2018고단203
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 January 4, 2018, the Defendant driven a motor vehicle under the influence of alcohol in the D parking lot located at the window C of Changwon-si, Changwon-si on January 23:24, 2018, while driving the motor vehicle under the influence of alcohol in the D parking lot, and did not deduct the vehicle while driving the motor vehicle with the manager as a parking fee before the parking lot exit

12 After the report, the Defendant was driven under the influence of alcohol, such as: G on the F District of the police station of the Changwon, the background leading up to the police station of the Changwon, and the Defendant’s vehicle from Ha with the starting flish, and flishing the Defendant’s flicking and flicking on his face.

There are reasonable grounds to determine a person, and was demanded to respond to the measurement of alcohol by inserting the whole 4 times from January 4, 2018 to January 5, 2018.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. Criminal written statement, written statement of the situation of the driver taking the main place, and each investigation report (with respect to the report of the situation of the driver taking the main place, the details of the statement and written statement of the proxy driver, attached thereto);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to a photograph refusing to measure drinking, or to photograph CCTV images;

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 with respect to the order of provisional payment order are as follows: (a) the Defendant, while driving a motor vehicle while under the influence of alcohol, refused to comply with a police officer’s legitimate request for a measurement of drinking, and thus

Moreover, the Defendant had been punished twice due to drinking alcohol driving and once as a refusal to measure drinking.

However, the defendant reflects the wrongness in depth and does not repeat again in the future.

At the time, the defendant was a substitute driver, and the original building is parking lot.

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