beta
(영문) 부산지방법원 2017.11.01 2017고정1497

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On January 29, 2017, at around 04:50, the Defendant driven a motor vehicle in the parking lot of the Busan Franchisa Police Station located in the Busan Franchisa-dong, Busan Franchisa-dong, and driven the motor vehicle under the influence of alcohol, such as drinking in a scambly distance and smelling at the slope E belonging to D of the same police station while the Defendant scam a cam from the slope E belonging to D of the same police station.

Even though a person is required to take a measurement of drinking on the same day, he/she has failed to comply with a police officer's measurement of drinking without justifiable grounds, such as refusal to take a measurement of drinking at around 05:26 on the same day, refusal to take a measurement of second drinking on around 05:36 on the same day, refusal to take a measurement of second drinking on the same day, refusal to take a measurement of third drinking on around 05:46 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Police investigation report (limited to a person suspected of driving a motor vehicle under simple drinking);

1. Report on internal investigation by the police (such as enforcement history and investigation of suspect attendance);

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

1. Application of Acts and subordinate statutes to the ledger on the use of drinking meters;

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;