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(영문) 서울중앙지방법원 2013.10.16 2013고정4886

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 05:00 on June 6, 2013, the Defendant driven a “learning” car from around 05:37 on the same day from the front Do of the Seocho High School located in Gangnam-gu Seoul, Seoul to the road 662-77, Seocheon-gu, Seoul Special Metropolitan City.

At the time, the Defendant was smelled, the face was stringed with red color, the snow was boomed, and the horse was stringed, and there was considerable reason to recognize the driving of a motor vehicle under the influence of alcohol because the police officer dispatched to the scene did not speak or take time off, and he did not comply with the request of a police officer for a drinking test without justifiable grounds, even though he was requested by the head of the police station in the Seoul Mak Police Station at around 06:31, 06:41, 06:53 on the same day, and around 22 minutes, such as around 06:31, 06:41, 06:53 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of control manual;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;