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(영문) 부산지방법원 동부지원 2018.01.25 2017고정1061
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On February 4, 2017, around 20:50, the Defendant, while driving D-wing F-F vehicles with drinking alcohol on the front of Busan Shipping Daegu C, was parked in the front of E while driving D-wing-F vehicles with drinking alcohol.

Therefore, the driver was driven under the influence of alcohol from the slope H belonging to the Busan Coastal Police Station G District of the Busan Coastal Police Station to the defendant, with a large amount of sniff and face, with red, and with a heavy snow, etc.

Since there was a reasonable reason to determine the seal, so it was demanded to respond to the drinking measurement by inserting the seal in a way of injecting it.

Nevertheless, the Defendant, from February 4, 2017 to February 21:26, 2017, failed to comply with a police officer’s demand for the measurement of drinking without justifiable grounds by evading the measurement of drinking for about 30 minutes, such as lying on G global spons, as soon as a drinking measuring instrument is fast or as soon as a drinking measuring instrument is opened, without entering.

Summary of Evidence

1. Statement by the defendant in court;

1. Detailed statement reports on drivers of drinking alcohol, inquiry of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to report investigation;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

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