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(영문) 부산지방법원 동부지원 2014.04.14 2014고정40
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On September 6, 2013, at around 00:36, the Defendant was required to comply with the alcohol alcohol measurement because there was a reasonable reason to recognize that the Defendant was driving under the influence of alcohol, such as the Plaintiff, who was under the influence of alcohol, and was under the influence of alcohol on the road of Busan Shipping Daegu B apartment 301, Busan, and was reported by the Defendant that the Plaintiff was frighten in the light of the vehicle while under the influence of alcohol.

Nevertheless, the Defendant did not comply with a police officer’s request for a drinking test, such as “I have not driven a drunk, and there is no reason to comply with the measurement.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to detection and reporting of violations of the Road Traffic Act (a simple refusal of measurement);

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

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;

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