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(영문) 부산지방법원 동부지원 2016.05.09 2015고정1036
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On November 9, 2014, the Defendant driven a vehicle while driving D freight on the front side of Busan District captain C at around 21:45, a vehicle while driving the D freight on the road in front of Busan District captain C, and was under the influence of alcohol, such as snicking on the face.

Around 22:39 of the same day on the same day, the Busan Police Station's office was required to respond to the measurement of drinking in a manner of inserting approximately 30 minutes in four minutes from E in the course of the investigation of traffic accidents at the Busan Police Station's office.

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

Summary of Evidence

1. Legal statement of witness F;

1. A report on the detection of a primary driver;

1. Report on the circumstances of driving under the liquor:

1. Application of the statutes governing photographs at the time of crackdown;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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