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(영문) 부산지방법원 동부지원 2014.11.06 2014고정1120

도로교통법위반(음주측정거부)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a driver of a spati vehicle B.

Around 02:55 on May 6, 2014, while driving the foregoing vehicle in front of D in Suwon-gu, Busan, and the Defendant was in progress while driving the vehicle while driving the vehicle in front of D, the Defendant inspected the Defendant after blocking the vehicle of the Defendant, and there are reasonable grounds to believe that the Defendant was in driving under the influence of alcohol, such as drinking, drinking snow, drinking snow, drinking snow, and drinking distance. Accordingly, the Defendant refused demand from the above F, etc. about 03:12 to 03:45 on April 1, 201, to take a drinking test four times by inserting the vehicle in front of D, while driving the vehicle in front of D, the Defendant was in progress, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1) (2);

1. A written report from an employee of an employer;

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

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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;