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(영문) 부산지방법원 동부지원 2019.01.24 2018고정809
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a rocketing taxi for business purposes.

On September 2, 2018, at around 07:20, the Defendant was required to respond to a drinking test by inserting the alcohol measuring instrument three minutes for about 11 minutes, on September 2, 2018, on the street in front of Busan Shipping Daegu, after receiving a report on driving the said vehicle in a drinking condition, from D, the superintendent of the Busan Shipping Police Station of the Busan Shipping Police Station, which was called, for a significant reason to recognize that the Defendant driven the said vehicle while under the influence of alcohol, such as drinking smells, and driving the vehicle in a drinking manner.

Nevertheless, the defendant avoided it in a way that he did not comply with it, and did not comply with the request of a police officer for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the notification of the report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), 112 reported case handling records, investigation report, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 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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