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(영문) 부산지방법원 동부지원 2017.08.16 2017고정656
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle by borrowing B.

around 23:02 on March 30, 2017, "the borrower and Si had been acting as an agent, and the borrower had driven under the influence of alcohol" means 112 declarations (No. 3085) filed by 112 police officers, other than C, who were called D apartment 139 and heard the defendant's statement, and "a person driving approximately about 10 meters at the domestic underground parking lot, but this is essential,"

B. A statement was made to "not to measure drinking alcohol."

Police officers recognize that it is necessary for traffic safety and prevention of danger, or have driven a motor vehicle under the influence of alcohol.

If there is a considerable reason to designate a person, a pulmonary examination may be conducted as to whether a driver is under the influence of alcohol.

In such cases, the driver shall comply with the measurement of police officers.

At the time, the Defendant was driven while under the influence of alcohol, such as rhyming, walking with a large distance of vision, red with a large face color, etc.

Since there are reasonable grounds to determine a person, E Racing F requested that he/she comply with a drinking test by inserting it into a drinking measuring instrument through around 23:18 on March 30, 2017 (1j), around 23:28 (2), around 23:38 (3) and around 23:50 (4). However, the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds due to his/her behavior, such as not being taken into a drinking measuring instrument, and smuggling the measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to investigation into and reporting on violations of traffic laws on roads;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55(1)6 of the Criminal Act for mitigation of amount (see, e.g., Supreme Court Decisions 201Do1148, Apr. 1, 201; 201Do1148, Apr. 1,

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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