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(영문) 부산지방법원 2015.10.08 2015고정1438
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On December 19, 201:44 on December 19, 2014, the Defendant: (a) while driving the said vehicle under the influence of drinking prior to an elementary school of the Dong-dong, Busan, the Busan, Police Station at the Busan, on the ground that there are reasonable grounds to recognize the Defendant to have been under the influence of drinking, such as smelling and smelling red on the face, etc., from a slope D belonging to the Busan, the traffic safety department at the Busan, the Defendant was in the influence of drinking on the same day; (b) on the same day, the Defendant was required to comply with the drinking measurement by inserting the vehicle into a drinking measuring instrument over 33 minutes; (c) on the other hand, the Defendant was required to comply with the drinking measurement in a manner of making it difficult for the Defendant to take the drinking measuring instrument over 01:5,05,02:05,02:26.

Summary of Evidence

1. Legal statement of witness D;

1. A report on the statement of his/her oral statement;

1. Application of Acts and subordinate statutes to photographs;

1. Relevant Acts concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act which choose a penalty;

1. Articles 70 (1) 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. Judgment on the assertion of the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The defendant and his defense counsel asserted that, although the defendant did not respond to the measurement on the spot, he did not refuse to take a alcohol test, he did not refuse to take a alcohol test.

The following circumstances revealed by the evidence duly adopted and investigated by this court, namely, ① at the time, the defendant was inaccurate and large, and the defendant was smelled, and was drinking at the drinking-free season. ② The defendant was knee knek kne kel kel kel kel kel knel on the floor while moving to the kne kne knel to the knife to the knife to the knife to the knife. ③ The defendant requested the alcohol measurement by police officers.

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