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(영문) 부산지방법원 2013.12.10 2013고정5038
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 11, 2013, at around 02:47, the Defendant driven B vehicles while under the influence of alcohol and operated approximately 30 meters in front of the outlet of the same subway station No. 1 of the same subway station, which is located in the hot spring route of the city of Busan, and even though there are reasonable grounds to recognize it as under the influence of alcohol, such as drinking, drinking, snow, etc. from C at the border of the traffic safety department of the Busan Dong Police Station, and he was demanded to comply with the alcohol measurement by inserting the drinking measuring instrument over about 57 minutes.

Nevertheless, the Defendant avoided drinking measuring instruments by driving a motor vehicle, did not drive the motor vehicle, and did not comply with the police officer’s request for drinking measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One copy of a photograph refusing measurement, a written confirmation of the control of drinking driving, and a report on the state of drinking drivers;

1. Each report on investigation;

1. Application of the Acts and subordinate statutes of the SPS (CCTV video CDs);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 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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