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(영문) 서울남부지방법원 2012.11.29 2012고합692

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 20, 2012, around 23:29, the Defendant was required to comply with a drinking test from a slope D belonging to the Gyeonggi-do Police Station C of the Gyeonggi-do Gyeonggi-do Police Station, on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle while drinking about about 100 meters from the front day of the Mangsan-dong Mangsan-dong Mangsan-dong, Mangsan-dong, to the fourth complex of the same port-dong 4-dong and the road in front of the same port-dong. However, the Defendant was required to comply with the drinking test on the following day.

7. On 21. 21. 00:01 around 00:01, around 00:14, however, the police officer refused to comply with a request for a measurement of drinking alcohol without justifiable grounds;

Summary of Evidence

1. Defendant's legal statement;

1. The application of the statutes to each drinking driver, each circumstantial report, and the results of drinking control;

1. Relevant legal provisions concerning facts constituting an offense and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (see, e.g., Supreme Court Decision 2007Do1448, Apr. 21, 2007; Decision 2007Do1448, Feb. 21, 200)

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

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