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(영문) 서울동부지방법원 2016.12.13 2016고정1681

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[2016 high-speed 1681] On April 4, 2016, the Defendant was demanded to comply with the drinking test by inserting it into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling alcohol to the Defendant, smelling on the face of the police station D, while undergoing an investigation in relation to traffic accidents caused by Ethtima car in 221 located in Songpa-gu Seoul, Songpa-gu, Seoul, and around 02:30 on the same day, the Defendant was under the investigation of the traffic accidents caused by Ethtima car on which the Defendant was aboard.

Nevertheless, the Defendant avoided the method of walking a drinking measuring instrument in his/her hand and did not comply with the police officer’s request for a drinking test without justifiable grounds.

[2016 high-speed 1684] The Defendant, without obtaining a driver’s license, driven a vehicle from a section of approximately 2 km to the road front of the parking lot of the Central-west Highway, which is located in the Hannam City, from May 27, 2016 to the road front of the Hannam Highway, the ELTIMA3.5 vehicle from May 27, 2016.

Summary of Evidence

[2016 High Court Decision 1681]

1. Legal statement of witness G;

1. Police suspect interrogation protocol of the accused;

1. A written statement of the G production;

1. The actual condition survey report, traffic accident situation report, photographs, the situation report on the driver's situation report, the report on the driver's situation statement, the report on the driver's standing and the report on the driver's standing (the defendant claims that the above motor vehicle is driven up to about 10cc by putting the handlight in the course of operating the string in the city at the time, and that there is no obligation to comply with the request for a drinking test since he did not drive the motor vehicle. However, in light of the defendant's situation at the time recognized by the above evidence, the structure of the motor vehicle, the defendant's attitude immediately after the accident, etc., it is difficult to believe the above argument by the defendant]

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the state of unregistered driving, reporting on the status of driver's license, the ledger of driver's license, and car

1. Relevant provisions concerning facts constituting an offense;