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(영문) 부산지방법원 2020.11.11 2020고정953
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 June 14, 2020: around 00:35, the Defendant was demanded to comply with a drinking test by inserting approximately 2.2 km distance from the Busan Jin-gu, Busan to the lower end-down intersection in the same Gu, while driving CM6-car in the lower end-down intersection. On the ground that the Defendant, at around 00:35 on June 14, 2020, was under the influence of alcohol by driving CM6-car in the lower end-down intersection, making it difficult to recognize that the Defendant was under the influence of alcohol, such as the walking condition, etc., and that the Defendant was under the influence of alcohol, and that the Defendant was under the influence of alcohol by inserting it into the lower end-standing intersection.

Nevertheless, the Defendant clearly expresses his intention to refuse to take a drinking test of police officials without justifiable grounds, stating that “if the Defendant was drinking, but driving, he would not be able to take a drinking test, why why he would be why he would have to do so, or why he would not take a breath test.”

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes concerning site photographs and visual evidence at the time of detection of the circumstantial statement of a drinking driver, and of notification of the control of drinking driving;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (1) of the Road Traffic Act which choose the 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;

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