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(영문) 부산지방법원 서부지원 2021.01.15 2020고정596
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of Bmer truck truck truck trucking vehicles.

On 12:00 on 06. 06. 06. 12:00, the Defendant driven the above cargo vehicle under the influence of alcohol by drinking it on the front road of the “G convenience store” located in the same Gu F in front of the road located in the same Gu F, while driving the vehicle under the influence of alcohol, such as smelling and smelling the Defendant from the slope I belonging to the Busan High Police Station H District, Busan High Police Station H District, with the face of red.

For considerable reasons, there was a need to respond to the measurement of alcohol at the Busan police station's traffic survey division with consent to voluntary accompanying request related to drinking driving.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 “ 생계가 달려 있다, 한번만 봐주세요

The phrase “” is repeated only from 13:04 to 13:31 on the same day, and did not comply with a police officer’s demand for the measurement of drinking on about four occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports (as to the situation of refusal 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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