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(영문) 부산지방법원 동부지원 2021.02.05 2020고단2760
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was parked later, while driving around 18:50 on October 27, 2020, but was parked later in the D parking lot located in the Busan Suwon-gu C.

E-Woo-Wood Motor Vehicle was parked next to it, while proceeding to the entrance of the parking lot after obtaining it.

F-Enburged passenger vehicles were received.

The Defendant driven a vehicle under the influence of alcohol on the same day by the Defendant from K, the police officer belonging to G of the relevant police station G, the police officer belonging to G of the relevant police station, and the police officer belonging to G of the J, the police officer belonging to G of the relevant police station, and the police officer L, who was dispatched to the scene

Since there is a considerable reason to suspect that a drinking measuring instrument is required to take a drinking test by injecting rebreath, it has not complied with a police officer's request for a drinking test without justifiable grounds by refusing to take a drinking test in a manner that does not put a part of a request for a drinking test at least three times from the same day until 19:36 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, a statement of the circumstances of the driver at the main place of business, an on-site photo investigation report (referring to posting a suspect, such as video, if the suspect refuses to measure drinking);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that: (a) the Defendant did not comply with a police officer’s legitimate request for measurement of drinking alcohol; (b) the Defendant committed an accident that meets the two vehicles parked while driving a vehicle while drunk; and (c) the Defendant had a criminal record of a fine due to drinking alcohol driving in 2001, which is disadvantageous to the Defendant.

However, the fact that the defendant generally recognizes his mistake, that there is no record of criminal punishment exceeding the fine, and that there is other age of the defendant.

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