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부산지방법원 2015.02.05 2014고정4513

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 2, 2014, the Defendant was driving a C Car on August 2, 2014, and was under the influence of alcohol to the slope F belonging to the Busan Urban Police Station on the front of the “E” located in Suwon-gu, Busan.

At the time of crackdown, the Defendant’s speech and behavior state was rhythm, smelled in the horse, her face was red, and the Defendant was found to have driven under the influence of alcohol, so the above F, which was judged to have a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, demanded five times to respond to the measurement of alcohol by inserting the Defendant into the alcohol measuring instrument in the above place from 21:55 to 22:46 on the same day.

However, without justifiable grounds, the defendant did not comply with a police officer's demand for alcohol testing.

Summary of Evidence

1. Legal statement of witness F;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. The application of Acts and subordinate statutes on investigation reports (Attachment to the ledger of use of a sound measuring instrument) and accompanying materials;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) 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. Article 186 (1) of the Criminal Procedure Act;