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(영문) 부산지방법원 서부지원 2019.01.09 2018고정933
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 June 13, 2018, around 06:14, 2018, the Defendant received 112 report that he/she was a person who driven an automobile E-free vehicle from the He/she was under drinking condition to the underground parking lot of the Da-dong apartment B, and received a demand to comply with a drinking test by inserting it into a drinking measuring instrument for about 20 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking in red and smelling in drinking.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the circumstantial statements of a drinking driver, and drinking control photographs;

1. Application of Acts and subordinate statutes to investigation reports (control details, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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