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(영문) 서울동부지방법원 2017.08.18 2017고단1796

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

On May 31, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as driving, from the front of the new bank located in 463, Songpa-gu, Seoul, Songpa-gu, Seoul, to the road located in 17:6:0 meters prior to the 17:0-ro, Songpa-gu, Seoul, the Defendant: (a) was driving a motor vehicle under the influence of alcohol by driving a motor vehicle for C in about 200 meters belonging to the Defendant; (b) the Defendant was able to snow off from the slope belonging to the D District Unit in the Song-gu, Seoul, Song-gu, Seoul; and (c) the walk is so big that the

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting approximately 39 minutes into a drinking measuring instrument.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the reporting of the circumstances of driving and the Acts and subordinate statutes rejecting any measurement;

1. Relevant laws and Articles 148-2(1)2 and 44(2) of the Road Traffic Act concerning criminal facts and Articles 148-2(1)2 and 144(2) (the crime of this case, which did not comply with the police officer’s selection of punishment, the crime of this case’s non-compliance with the police officer’s drinking measurement), and the defendant has already been punished for violating the Road Traffic Act, and there has already been a consensus on the fact that the harm caused by driving under the influence of alcohol is known to anyone, and the harm caused by driving under the influence of alcohol has already been caused by it. However, the defendant is led to confession and reflect, the defendant has no record of punishment heavier than the fine, and the degree course is recently completed, and it appears that he/she plans a new life plan after retiring from his/her workplace)

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;