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(영문) 부산지방법원 2016.07.22 2016고정2029
도로교통법위반(음주측정거부)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On April 10, 2016, the Defendant was driving a B-car on April 10, 2016, and was under the influence of alcohol on the front of the home flusium located in the B-dong, Busan. The Defendant was under the influence of alcohol from D in the circumstances belonging to the Busan B-gu Police Station C.

At the time of crackdown, the Defendant’s speech and behavior state stated that the Defendant was smelled in his entrance and sniffed, and that the walking state was a little string, the snow and face was red, and the Defendant was found to have driven under the influence of alcohol at the time of drinking. As such, the Defendant was driving under the influence of alcohol.

have reasonable grounds to determine the person.

The above D demanded 4 times to respond to the measurement of drinking alcohol by inserting the Defendant’s breath in the same place from around 02:20 to around 03:09 on the same day by inserting approximately 49 minutes.

However, without any justifiable reason, the Defendant did not comply with the police officer’s above demand for alcohol testing.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. On-site photographs;

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

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. 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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