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(영문) 부산지방법원 2017.01.23 2016고정2497

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On December 12, 2015, the Defendant: (a) while driving a motor vehicle in front of a D cafeteria located in Ulsan Metropolitan City, Nam-gu, Ulsan Metropolitan City; (b) while driving a motor vehicle in front of the D cafeteria, the Defendant incurred a traffic accident in front of the D cafeteria; and (c) was driven under the influence of alcohol by a police officer affiliated with the police officer affiliated with the police officer at the direction of the police station located in Ulsan-gu, Ulsan-ro 35, 35, Ulsan-ro, Ulsan-do, 23:37 on the same day.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

Nevertheless, the defendant's refusal to do so and will see in the toilet.

After doing so, police officers did not comply with a request for measurement of drinking without justifiable grounds, such as attempted to go out of the police station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. Some of the witness K’s legal statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident vehicle, and on-site photographs;

1. A copy of the report on detection of the driver in charge, the report on the circumstances of the driver in charge, and the register using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to a criminal investigation report and a report on internal investigation (a report on an investigation of a suspected suspect's behavior);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the 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;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The summary of the argument is the defendant and his defense counsel. After the defendant caused a traffic accident due to drinking conditions as stated in the facts charged, the defendant was forced to proceed to the Ulsan Southern Police Station and demanded a drinking measurement, and the defendant also tried to get smoking from the stairs of smoking in the Ulsan Southern Police Station, and the defendant's refusal to take a drinking test is the current criminal who did not refuse to take a drinking test.