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(영문) 서울중앙지방법원 2014.10.31 2014고정4181

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

On July 14, 2014, the Defendant driven B car on July 22, 2014, and brought about a contact with C Driving's D Laun other car parked in Gangnam-gu, Gangnam-gu, Seoul, with a backway of 128-gil 27, while driving on the side road, and became subject to an investigation from the slope E belonging to the Gangnam Police Station Traffic Survey Team.

The Defendant, without justifiable grounds, did not comply with a police officer’s request for a measurement of drinking alcohol for about 30 minutes, even though the Defendant received a request for a measurement of drinking alcohol three times at a level of drinking, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as fluening the questioning of the above police officer, driving a motor vehicle in a state of drinking, such as influence of nature, flu

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the refusal of measurement, photographic action, report on the status of the driver, and report on the assignment of the driver;

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;