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(영문) 부산지방법원 서부지원 2019.04.30 2018고단2693

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On November 13, 2013, the Defendant received a summary order of KRW 3 million from the Busan District Court to a fine for a violation of the Road Traffic Act, and on June 22, 2015, the Defendant received a summary order of KRW 1.5 million from the Busan District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

Around 01:00 on November 12, 2018, the Defendant: (a) driven a BMF6 car in a state of 01:00 on the following day; (b) caused an accident involving a D Licensed Real Estate Agent in front of the road base in Busan Island C; and (c) caused considerable grounds to recognize that the Defendant driven a car while under the influence of alcohol, such as being a witness of the E-district F in a state of mabbbn in front of the D Licensed Real Estate Agent in the Gu of Busan, and making the Defendant snick a large amount of drinking, sniffing red on the face, and making the drinking a drinking, etc.; (c) on the same day, the Defendant demanded that he/she comply with a drinking test by inserting the drinking measuring instrument four times in four times at around 01:15,01:20,01:25,01:30 on the same day, but did not comply with

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, photographs refusing to measure drinking, and photograph of accident;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (1) 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;