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(영문) 서울북부지방법원 2017.06.22 2017고정846

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 31, 2017, at around 02:05, the Defendant driven a observer car in front of the Dobong 1, Dobong-gu Seoul, Seoul, by drinking alcohol on the front of the new service distance, while driving the observer car in front of the Dobong-gu Seoul, Dobong-gu, Seoul, the Defendant driven the Defendant under the influence of alcohol, such as a smelling and smelling red on the face of the Defendant, and a rain distance at the time of unloading on the vehicle.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the divers of drinking over about 40 minutes into the divers of drinking.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driving of the driver concerned, a statement on the circumstances of the driver concerned, and a statement of particulars of measurement;

1. Inquiries about the results of crackdown on drinking driving;

1. On-site photographs;

1. Investigation report (on-site investigation and black images);

1. Application of the Patrol Track Acts and subordinate statutes

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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;