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(영문) 부산지방법원 동부지원 2016.02.15 2015고정1240

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 19, 2015, the Defendant, while under the influence of alcohol at around 23:10, driven a BN city car, and driven it to the parking lot of the 2nd floor above 85, 113-dong, Nam-gu, Busan, Nam-gu, Busan, Nam-gu.

In this regard, a person who judged that the driving mode of the said car was abnormal has reported to the police.

The defendant was driven under the influence of alcohol, such as that D Assistant, a police officer of the Busan Southern Police Station C District Police Station, called the above parking lot and sent to the above parking lot as well as the defendant, and the defendant snickly snicked and snicked the face.

there was a reasonable reason to determine the person.

Therefore, D's slope was demanded to undergo a drinking test by inserting the Defendant's breath to breath on the same day on the same day, but the Defendant did not comply with the demand for a drinking test on three occasions by approximately 30 minutes police officers, including refusal to do so, even though the Defendant was required to take a drinking test on three occasions.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Entry of D in the suspect examination protocol (a cross-examination of D) of the accused prepared by the prosecution;

1. Entry of the statement in the circumstances of the driver at the police station; and

1. Entry of a report on investigation (report on confirmation of the details of report) prepared by the prosecution;

1. Entry in the investigation report prepared by the police and the application of Acts and subordinate statutes (including accompanying photographs);

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