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(영문) 부산지방법원 2015.01.21 2014고정5226
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 August 15, 2014, at around 00:42, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument for about 40 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the driving of B rocketing and other vehicles owned by the Defendant on the road in front of the Saundong-gu, Singu, Busan, to the extent that it can be recognized as driving under the influence of alcohol while driving the B rocketing and other vehicles owned by the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. A copy of the usage register of drunks;

1. Results of crackdown on drinking drivers;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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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