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(영문) 부산지방법원 동부지원 2013.06.03 2013고정172
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a three-dimensional cargo vehicle.

On October 23, 2012, the Defendant was required to accompany the Defendant to the above police box at around 19:20, on the front side of the steel terminal located in the front of the city of Busan, the front side of the steel box located in the city of Busan, upon receiving a report that the vehicle was left on the road, for reasonable grounds to recognize that the vehicle was driven under the influence of alcohol, such as smelling from the slope E belonging to the department of the Busan Police Station Diplomatic Police Station where the vehicle was called and smelling on the face, etc., and to accompany the Defendant to the above police box at the request of accompanying at around 20:32, around 20:32 on the same day, around 20:43 on the same day, around 20:54 on the same day, around 20:54 on the same day, around 21:04 on the same day.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and selection of fines;

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

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