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(영문) 부산지방법원 2013.09.05 2013고정2932

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a C driver.

On December 31, 2012, at around 21:20, the Defendant driven the above vehicle with blood alcohol concentration in an influorial value, driven the 200 meters from the hot spring direction located in Busan Yancheon-dong 308-35, the Defendant rejected the Defendant’s demand for the alcohol measurement by the police officer on three occasions from 22:10 to 22:31 of the same day on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters, the ledger on vehicle inquiry, and the ledger of driver's licenses;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;