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(영문) 서울중앙지방법원 2017.09.20 2017고정318

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 December 4, 2016, while under the influence of alcohol on December 4, 2016, the Defendant driven a Echier car, and proceeds from the intersection of Samsung Station located in Yong-dong, Gangnam-gu, Seoul to the Cheonggu-dong, Cheongdo-dong as a Cheongdo-dong, and received the safety pen of the pedestrian island installed for pedestrian safety as the left-hand part of the above vehicle, and was voluntarily accompanied to the Seoul Suwon-gu Police Station Traffic Investigation Station office for the suspicion of a traffic accident.

At the time, the Defendant driven the said vehicle under the influence of alcohol, such as smelling, drinking, snowing, etc. under the influence of alcohol.

Since there are reasonable grounds to determine a person, it was required to respond to the measurement of drinking by inserting approximately 30 minutes of alcohol in a 30-minute, from the slope G belonging to the Suwon Police Station.

Nevertheless, the Defendant avoided by inserting the whole in a drinking measuring instrument, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Legal statement of witness G;

1. Application of Acts and subordinate statutes on traffic accidents, accident scene, suspect vehicle photograph, report on detection of the driver of a primary driving, report on the situation of the driver of the primary driving, control records, refusal to measure drinking, respect for the method of measurement, and explanation and photograph;

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;

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;