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(영문) 부산지방법원 동부지원 2016.02.17 2015고정241
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

On August 13, 2014, the Defendant driven a sod car at CAW on August 23:30, 2014, driving the vehicle in front of an elementary school in front of the articles of incorporation, which is located in the front line of the Busan District Department’s Articles of Incorporation, and was demanded by the captain’s police station who is under the control of the daily driving system for drinking alcohol to stop winding.

The defendant has driven under the influence of alcohol, such as showing an abnormal reaction during a drinking-free season, recognizing that the defendant has dice alcohol, etc.

Since there are reasonable grounds to determine a person, D's circumstances demanded that the defendant undergo a drinking test by inserting the whole breath of drinking in a drinking measuring instrument at around 23:35.

However, even though the Defendant refused to take a drinking test on three occasions by a police officer 20 minutes, the Defendant did not respond without justifiable grounds in such a way that he did not take a drinking test in his hands or take a dog back, and the Defendant did not put the breath in the breath in the breath of a drinking measuring instrument.

Summary of Evidence

1. Partial statement made by the defendant in this Court;

1. Application of each of the Acts and subordinate statutes in which witnesses D or E has made in this Court;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act 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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