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(영문) 서울중앙지방법원 2021.02.15 2020고정1937

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 July 19, 2020, the Defendant driven a motor bicycle in the form of Kwikset in the front of the C Middle School in Seocho-gu Seoul, Seoul, while drinking alcohol on July 19, 2020, while driving a motor device in the form of Kwikset, he driven by the police officer under the influence of alcohol, such as smelling and smelling red.

인 정할 만한 상당한 이유가 있어 약 20 분간에 걸쳐 음주 측정을 요구 받았으나, 피고인은 측정을 거부하거나 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Application of Acts and subordinate statutes to a report on video investigation into which drinking alcohol is refused to be notified as a result of the defendant's partial statement driving control (report on the situation of the driver

1. Article 148-2 (2) and Article 44-2 (2) of the Road Traffic Act and the selection of fines 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;