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(영문) 부산지방법원 2013.09.26 2013고정3810

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 18, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in the Busan District Court's branch branch branch, and the judgment was finalized on September 14, 2013.

On January 12:25, 2013, there are reasonable grounds to recognize that the Defendant driven B taxi while under the influence of alcohol such as drinking in front of the bank located in the Dong-dong of Busan, smelling in the entrance, making a red belt in the face, etc., and the Defendant did not comply with a police officer’s request for the measurement of drinking without justifiable grounds, even though the Defendant requested a police officer to comply with a drinking test by inserting the drinking measuring instrument three times for about 41 minutes from a slope C et al. belonging to the Busan Coastal Police Station and one other for about 41 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. Registers of driver's licenses, and car4;

1. Previous convictions: Application of Acts and subordinate statutes to the results of search of cases bound in the records of public trial and copies of judgment;

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;