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(영문) 부산지방법원 2015.09.16 2015고단4314
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 13, 2015, at around 06:50 on June 13, 2015, the Defendant was demanded to comply with a drinking test by inserting approximately 30 minutes in a drinking measuring instrument into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and sprinking, from the driver D belonging to the Busan National Police Station Guard, the traffic of guard and the sprinking of the traffic safety system.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. An inquiry into the results of the crackdown on drinking driving, a report on the circumstantial statements of a drinking driver, and field photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (including the fact that there exists a record of being sentenced to a fine for the same kind of crime and the fact that there is no special criminal record other than the fine twice, etc.);

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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