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(영문) 부산지방법원 2016.02.18 2016고정111
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 17, 2015, at around 07:53, the Defendant driven a string car at B at the entrance of the Do apartment 207 parking lot located in the Dodong-dong, Busan Metropolitan City. On September 17, 2015, the Defendant was under the influence of alcohol, such as the Defendant was driving of a Do apartment at the entrance of the 207 Dong-dong, Busan Metropolitan City.

there was a reasonable reason to determine the person.

Therefore, the police officers C belonging to the Busan Young-do Police Station in charge of traffic safety at the Busan High-do Police Station requested the defendant to respond to the drinking test by inserting about four minutes in a drinking measuring instrument four times, but the defendant did not comply with the drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. To inquire about a copy of the ledger using a drinking measuring instrument, and the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to photographs concerning refusal to measure drinking;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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

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