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(영문) 창원지방법원 2014.06.17 2014고정8
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On September 7, 2013, at around 05:30 on September 7, 2013, the Defendant driven a Crens vehicle, driving the front road D while drinking the said vehicle at his domicile while driving the said vehicle at the driver’s seat.

After all, there was a reasonable ground to recognize that the defendant was driven under the influence of alcohol, such as smelling and smelling on the face, etc., by the Chief F of the police box of the Jinhae Police Station, dispatched after receiving 112 reports on the same facts, which was demanded to comply with the measurement of alcohol by inserting the whole breath in the breath.

Nevertheless, the Defendant did not comply with a police officer’s demand for sobage measurement on about four occasions from around 06:15 to around 06:55 on the same day without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. On-site photographs and photographs of suspects who refuse to measure drinking;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

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

1. It is so decided as per Disposition on the grounds of Article 186(1) of the Criminal Procedure Act or more of the cost of lawsuit;

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