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(영문) 부산지방법원 2019.07.11 2019고정637
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 March 29, 2019, at around 23:08, the Defendant, while driving Cbenz motor vehicle in front of the Busan Eastdong-gu B apartment on the road, was asked to collect blood from the Defendant who was requested by E from the Busan East Police Station D to take a drunk test due to considerable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling and smelling on the face, while driving the Cbenz motor vehicle in front of the Busan Eastdong-gu B apartment.

On March 29, 2019, at around 23:50 on March 29, 2019, the Defendant refused to comply with a drinking test by entering an emergency room for the process of collecting blood after arrival at the G Hospital located in the same Gu F, for about 30 minutes.

As a result, the defendant had a reasonable reason to recognize that he was driving under the influence of alcohol, and did not comply with the request for measurement of alcohol by a police officer under Article 44 (2) of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on investigation;

1. Application of the Acts and subordinate statutes to photograph images by rejecting any measurement;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018; enforced June 25, 2019);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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