beta
(영문) 부산지방법원 2013.11.14 2013고정4354

도로교통법위반(음주측정거부)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 24, 2013, the Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a section of approximately 700 meters from the first day of the East-gu Madern Madern Madern Maddong to the same Madern Madern Madern Madern Madern Maddong, without purchasing a mandatory motor vehicle insurance policy on April 24, 2013.

2. On April 24, 2013, at around 09:14, the Defendant violated the Road Traffic Act (e.g., refusal to take a noise level) (i., refusal to take a noise level) and (ii) on the front side of the e.g., the e., the e.b., the front port of the e.b., the front port of the Busan East-dong, which caused a traffic accident, and (iii) was handed over to the Busan East-dong Police Station Traffic Survey Team located in the e.g.,

In the Busan East Police Station traffic survey division, there are reasonable grounds to recognize the defendant's face in a drunken state, such as drinking in red and smelling, and thus, the defendant was requested to comply with the alcohol alcohol measurement method by inserting approximately one hour and two minutes from the above date and time to six minutes, but he did not comply with the request without justifiable reasons.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on investigation (Refusal of measuring);

1. Non-reported and non-reported notice;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Relevant legal provisions concerning facts constituting an offense, Articles 46 (2) 2 and 8 of the Guarantee of Automobile Accident Compensation Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (Consideration of occurrence of a case);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;