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(영문) 부산지방법원 2015.06.03 2015고정1508
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 18, 2015, at around 14:45, the Defendant was demanded to respond to the alcohol alcohol measurement for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven a vehicle B while drinking alcohol at a point 136.4 km away from the Busan metropolitan area of the Highway while driving the vehicle B while drinking alcohol at the Busan metropolitan area of the Highway, the Defendant was in compliance with the alcohol alcohol measurement for about 30 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 내는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, report on the situation of a drinking-driving, inquiry into the results of the crackdown on a drinking-driving, a drinking-driving driver, and notice of the results of the crackdown on a drinking-driving;

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

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 for the detention of a workhouse;

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

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