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(영문) 서울중앙지방법원 2015.03.20 2014고정5641

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 October 25, 2014, at around 22:00, the Defendant was required to comply with a drinking test by inserting alcohol in a breath from around 22:10 on the road in front of Gangnam-gu Seoul, and was found to have been drunk due to drinking, and was found to have driven under the influence of alcohol, such as making a large amount of drinking in the Defendant’s entrance from the traffic of the Seoul Gangnam Police Station and the surrounding circumstances of the Seoul Gangnam Police Station, and making it possible for the Defendant to be found to have driven under the influence of alcohol.

Nevertheless, from 22:45 on the same day to 35 minutes, the Defendant called “one time difference. I need to keep a phone to the son,” and did not comply with a police officer’s request for a alcohol test without justifiable grounds by avoiding a alcohol test.

Summary of Evidence

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

1. Application of the Acts and subordinate statutes to notify the results of the drinking driving control, such as a manual for enforcement, a report on the state of drinking drivers;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 70 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;