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(영문) 서울중앙지방법원 2014.08.29 2013고정5835

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Around 00:30 on September 26, 2013, the Defendant: (a) was driving a motor vehicle under the influence of alcohol in the influence of alcohol on the following grounds: (b) around 00:30 on September 26, 2013 in Seongbuk-gu Seoul, while driving a new-Woo X-D motor vehicle owned by the headr D at the C funeral hall of Seongbuk-gu, Seoul, and driving on the front of the 637 salary class in front of the same Dong Yung-dong, the Defendant was found to have driven a motor vehicle under the influence of alcohol by a slopeF belonging to the Seoul Seongbuk-gu Traffic Safety Department of the Seoul Seongbuk-gu Police Station under the influence of alcohol driving, such as responding to a drinking reduction engine and he was under the influence of snow, etc.; (c) on the same day, the Defendant was requested to take a drinking test at around 0:43 on the same day, around 00:53 on the same day, and around 01:03 on three occasions, failed to comply with the demand of a police officer without justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A report on the actual state of the driver;

1. Control note;

1. Application of Acts and subordinate statutes concerning the current use of drinking equipment;

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;