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(영문) 서울중앙지방법원 2014.08.13 2014고단4469

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On June 15, 2014, at around 22:07, the Defendant was required to respond to the measurement of alcohol by inserting the breath of alcohol over about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, snicking, snicking, etc., from the border of the traffic safety department belonging to the Seoul Central Police Station, while driving Daone Star or cargo while drinking on the road 116-day, Jung-gu, Seoul.

그럼에도 피고인은 음주측정기에 입김을 불어넣지 않거나, 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The circumstantial statement of the employee;

1. Application of statutes governing enforcement manuals;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;