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(영문) 부산지방법원 2016.04.06 2015고정4879
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 September 26, 2015, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, driving a motor vehicle under the influence of alcohol, etc., by causing a traffic accident where the Defendant was parked while driving a motor vehicle in the front of the Busan Jin-gu Busan Metropolitan City C, and receiving a report; and (b) driving the motor vehicle on the site after receiving the report from E in the circumstances of the Busan Jin Police Station that called the scene.

There is a reasonable reason to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 50 minutes the whole in a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 ‘ 후’ 하고 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Report on the situation of driving at home, report on the detection of a driver at home, notification of completion of correction, ledger of use of a drinking measuring instrument, report on the occurrence of a traffic accident, and photograph of the scene of accident;

1. Investigation report (verification of CCTV images inside the F police box and investigation of attachment thereof), investigation report (verification of CCTVs, such as refusal of the first measurement), and application of Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-1 (1) 2 and 44-4 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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