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(영문) 부산지방법원 2013.11.12 2013고정4541

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 14, 2013, at around 20:30, the Defendant driven Dr's vehicle at the seat of the Busan Eastdong-gu, Busan Metropolitan City (hereinafter referred to as the "Crmo vehicle") and entered the Crmo vehicle at the seat of the B, and was arrested as a flagrant offender with suspicion of obstruction of performance of official duties, such as obstruction of performance of official duties, and was accompanied to the F district of the Busan East Police Station.

At the time of the case investigation conducted in F District E, the defendant stated that he was driving a drunk parking lot at the time, and that he was driving under the influence of alcohol, and there are reasonable grounds to recognize that he was driving under the influence of alcohol, G in the F District District required the defendant to comply with the alcohol test by inserting approximately 30 minutes of the alcohol measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Report on driving a driver, report on the status of driving a driver, and inquiry into the results of the control of drinking driving;

1. Application of the statutes on photographs related to the case

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 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;