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(영문) 서울남부지방법원 2016.08.18 2016고정1766

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 26, 2016, when the Defendant was requested to conduct a drinking test by inserting alcohol in a manner of inserting it into a drinking measuring instrument from F, the police officer, who was parked in the parking lot at the entrance of the parking lot located in Gangseo-gu Seoul Metropolitan Government, and was dispatched after receiving a report on a drinking driving, on March 26, 2016, the Defendant failed to comply with a police officer’s demand for a drinking test on the same day without justifiable grounds, even though he/she was requested to conduct a drinking test for about 20 minutes, such as around 01:40 times, 01:50 times, 02:0 times, and 02:03 times on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. A statement of the circumstances of the main driver, a report on the detection of the main driver, and a report on the circumstances of the main driver;

1. Application of Acts and subordinate statutes to investigative reports (report on telephone communications by enforcement officers 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;