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(영문) 부산지방법원 2014.10.16 2014고정3884

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On May 8, 2014, at around 21:38, the Defendant was under the control of suspicion of drunk driving by a police officer of the thought Police Station, etc. while driving a wing and freight vehicle B under drinking in front of the old sub-duc tunnel, which is located in the school of the Gangseo-gu Busan Metropolitan City, the Defendant was under the control of suspicion of drunk driving.

The Defendant denied the fact of driving after changing his children D and her children, who were on the right before he was under the control, but there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as rhyming the horses in question of the policeman C, and snicking a smell while he was under the influence of alcohol, and thus, he did not comply with the request of the policeman C to take a drinking test for about 50 minutes on four occasions, even though he did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. Application of Acts and subordinate statutes of writing E;

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 (1) and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;