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(영문) 부산지방법원 동부지원 2021.03.17 2020고단2605
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 22, 2020, the Defendant was under the influence of alcohol, such as drinking, drinking, drinking, and reding on the face, while driving a CM3 car on the front of the B building in Busan, the Busan, the District Police Station of the Busan, which received a report on 112, while driving the CM3 car on the road in front of the B building in Busan, the Defendant was under the influence of alcohol.

As there are reasonable grounds to recognize, it was demanded from around 03:54 to 04:36 on the same day to respond to the measurement of alcohol by inserting approximately four minutes into a drinking measuring instrument four times in total.

Nevertheless, the Defendant is free from drinking alcohol measurement.

“I see why you have to do so?”

“I have avoided by sound and avoiding this.”

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. While the Defendant was refusing to take a drinking test at the time and place set forth in the preceding paragraph, such as the date and time set forth in the preceding paragraph, the Defendant got off a public PDA mobile phone used by F to input data on drinking control, thereby getting off the road floor and getting off the road strongly and getting out of normal operation.

Accordingly, the Defendant damaged the use of the goods used by public offices in the amount of KRW 509,091.

Summary of Evidence

1. The application of the defendant's legal statement report (1 and 2), the driver's circumstantial statement report, investigation report, internal investigation report (in relation to the suspect's behavior), investigation report (in relation to the act of the suspect), repair estimate, investigation report (in relation to attachment of image data before and after the arrest of the suspect), investigation report (in relation to the attachment of image data), investigation report (in relation to the arrest of the suspect), investigation report (in relation to the time of refusal of the measurement of drinking), photograph of the CCTV image images, investigation report (in relation to the visit of the police station), and the application of statutes to the investigation

1. Article 148-2(2) and Article 44(1) of the Road Traffic Act (the refusal of measurement of drinking alcohol) concerning criminal facts and Article 141(1) of the Criminal Act (the point of damage to public goods).

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