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(영문) 서울중앙지방법원 2015.06.17 2015고단1918

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On February 25, 2015, while under the influence of alcohol around 21:54, the Defendant: (a) driven CK3 car and stopped in the vicinity of the 60-day road at the location of the modern market at the shooting distance from the entrance of the modern market to the shooting distance of the 2nd line road; (b) stopped for a electric traffic signal while driving along the 2nd line at the vicinity of the modern market; (c) there are reasonable grounds to recognize the Defendant to have driven under the influence of alcohol, such as a snicking and smelling on the face of the Defendant from the slope D belonging to the Seoul Gwanak-gu Police Station of the Seoul Urban Police Station of the Traffic Safety Department, which called the Seoul Western Police Station, snicking on the face, snicking on the red, etc., for about 30 minutes, and did not comply with the drinking measurement by inserting a drinking measuring instrument over several occasions, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. On-site map;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense.

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;