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(영문) 부산지방법원 2015.09.16 2015고단3371
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 May 10, 2015, at around 03:00, the Defendant was required to respond to the measurement of alcohol by inserting alcohol into a drinking measuring instrument for about 30 minutes from E in the situation in which the Plaintiff was in the influence of alcohol, such as making a horse dispute with C, a taxi engineer, moving to the D Zone of the Busan East Police Station, making the Defendant sniffing and smelling red on the face, while driving the bhool car at approximately 300 meters of alcohol in a 300-meter radius from the roads in the vicinity of the Busan East-gu Master's name to the roads in the vicinity of the U-S apartment located in the same Dong-gu.

Nevertheless, the Defendant avoided the influence of a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a host driver, report on detection of a host driver, and application of Acts and subordinate statutes to photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (including the fact that there is no record of punishment for the same kind of crime and the fact that there is no depth of the punishment for the same crime, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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