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(영문) 부산지방법원 2013.05.24 2013고합179

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant: (a) caused a traffic accident while driving CMF5 motor vehicles on the front of the breadthed area of the Busan SM5-dong, in the course of being investigated by the transportation survey department D and E from the slope in Busan High Police Station; (b) there was considerable reason to recognize that he/she was under the influence of alcohol, such as heavy snowing, unscoping, debrising, and reding the face; and (c) was demanded from around 21:5 on November 22, 2012 to 22:25 on the same day to respond to a drinking measurement by inserting the cMF for about 30 minutes from around 22:25 of the same day.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

1. Application of Acts and subordinate statutes to photographs which refuse to measure alcohol;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act in the case of the option of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order argued that the defendant, even though he had a history of punishment for the previous drunk driving, caused a traffic accident that leads to the parked vehicle by driving under the influence of alcohol, and that the dacting driver, who caused the accident by driving the vehicle, had the dacting driver, went away after the accident

(No. 10 pages of evidence records) In light of the fact that police officers' refusal to comply with the legitimate request for alcohol testing by 30 minutes, there is a need for strict punishment corresponding thereto.

However, there is no record of criminal punishment except once a fine due to drinking driving and traffic accident in 2003, and the defendant is not in a state of health with the second degree of physical disability, support for the South Korean defectors with the second degree of hearing and physical disability, etc., under favorable circumstances, the defendant's age, character and conduct, family relationship, etc. are as follows.