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(영문) 서울중앙지방법원 2017.06.14 2017고단2672

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The defendant is engaged in driving a motor vehicle with soflurged vehicle B.

On March 28, 2017, at the parking lot in Gwanak-gu, Seoul Special Metropolitan City on March 22:05, the Defendant: (a) had a gallon owned by the victim D(47 tax) who was parked in front of the Defendant’s vehicle and a gallon owned by the victim D(47 tax) with a galloned gallon owned by the Defendant, and continuously caused a traffic accident, such as a gallon of the building owned by the said victim and a gallon of the gallon.

As above, the defendant was arrested in the act of violence, such as cutting down and spabling H’s bomb, which was called to the scene of the accident after having caused the traffic accident, and after having received the report, the defendant was arrested in the act of committing an act of violence and transferred to the police station I.

On March 28, 2017, at around 23:00, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking at the Defendant’s entrance and drinking on the face of the Defendant from the sloping J of the Doak Police Station affiliated with the Doak Police Station of Gwanak-gu in Seoul Special Metropolitan City, 5-gil 33, Maak-ro.

There is a reasonable reason to determine the person, who is requested to respond to the measurement of drinking for about 30 minutes, but fails to comply with it without any justifiable reason and refuses the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement on the occurrence of traffic accidents under DNA preparation;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Reports on internal investigation (with respect to refusal to measure drinking);

1. The application of the Acts and subordinate statutes of photograph (No. 6) at a net time;

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

1. Selection of a selective fine for punishment (the defendant shall be punished by a fine in consideration of the circumstances, such as the fact that the defendant is both aware of the facts of the crime and reflects the fact that he is punished twice by a fine before 2008, and that he has no particular criminal record, etc.).