beta
(영문) 부산지방법원 2017.05.17 2017고정153

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 October 7, 2016, at around 00:07, the Defendant driven a motor vehicle in front of the parking lot C located in Busan Seo-gu, Busan, the Defendant was driving the motor vehicle under the influence of alcohol by drinking at the drinking reduction machine, while driving the motor vehicle D at the fourth time. The Defendant was driving the motor vehicle under the influence of alcohol by driving the motor vehicle under the influence of alcohol, such as a long-distance and red color.

Even though there are reasonable grounds to recognize it, the police officer failed to comply with a request for the measurement of drinking by a police officer's official without any justifiable reason, even though he/she was requested to respond to the measurement of drinking by inserting three minutes from the superintendent E of the Busan Police Station for about 30 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (Refusal, etc. of drinking alcohol measurement);

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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;