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(영문) 부산지방법원 2016.04.20 2016고정890
도로교통법위반(음주측정거부)등
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

1. The Defendant who refused to take a drinking test is a driver of the passenger car BKank-III.

On November 07, 2015, the Defendant driven a drinking, such as red and drinking, while driving on a road in front of a D hotel located in Jung-gu Busan, Busan, on November 07, 2015.

There are reasonable grounds to suspect, and the police officer requested to take a drinking test at the place of control from 01:30 to 02:10 on the same day, but the police officer failed to comply with the police officer's request for a justifiable drinking test without any reason.

2. 공용 서류 무효 피고인은 전항 기재 일시, 장소에서 전항과 같은 사유로 현행범으로 체포되어 교통 조사계에서 주 취 운전자 적발보고서를 작성하는 과정에서 단속에 불만을 품고 위 적발보고서를 가로챈 뒤 손으로 구겨서 입에 넣고 씹은 뒤 창문 밖으로 집어 던져 공용 서류의 효용을 해하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of a traffic accident, report on the circumstances of the driver involved in the driving, and report on the circumstances of the driver involved in the driving;

1. Application of Acts and subordinate statutes to investigation reports (in relation to the submission of field photographs), investigation reports (in relation to damage to a report on detection of drivers at the main place);

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 141(1) of the Criminal Act (a point of destroying public documents) and selection of fines for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 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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