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(영문) 서울동부지방법원 2015.07.15 2015고정784

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 30, 2015, at around 01:20, the Defendant was requested to comply with a drinking test by inserting it into a drinking measuring instrument over 30 minutes on the face of the Defendant in front of the diving Party located in Songpa-gu Seoul Metropolitan Government 187, on the face of the Defendant, and there is considerable reason to recognize that he/she driven Cworka car while under the influence of alcohol, such as the distance between walking and walking, etc., and accordingly, he/she did not comply with the request for a drinking test by a police officer by avoiding it without justifiable grounds, even though he/she was requested to comply with the request for a drinking test by inserting it into a drinking measuring instrument over 30 minutes from E and the superintendent F.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Reporting on the situation of running a driving under the influence of alcohol, reporting on the state of standing of a driving under the influence of alcohol, and inquiry into the results of crackdown on drinking;

1. Control note;

1. Investigation report;

1. Application of the summary map and photographs of situation at the time of the control site and the Acts and subordinate statutes related thereto;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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;