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(영문) 부산지방법원 2016.10.21 2016고정2197
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of five 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 9, 2016, the Defendant was required to comply with the drinking test by inserting a drinking measuring instrument over about 30 minutes on the ground that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling and snicking, from a slope G belonging to the F District District of the Busan Police Station, which was called after receiving a report on suspicion of drinking driving, while driving a motor vehicle in front of the D in Busan, Busan, Busan, on April 21, 2016, while the Defendant was driving a motor vehicle in front of the D in Busan, the Defendant failed to comply with the request for the measurement of drinking by a police officer by avoiding the drinking test while avoiding the drinking test.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related H;

1. Report on the circumstances of the driving of the driver, report on detection of the driver, and report on the circumstantial statement of the driver;

1. The user ledger of the measuring instruments for drinking;

1. On-site photographs;

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

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 (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;

1. The main sentence of Article 186 of the Criminal Procedure Act to bear litigation costs;

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