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(영문) 서울중앙지방법원 2019.11.27 2019고정2009

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 30, 2019, around 09:20, the Defendant, like the part of the entrance of the second floor of the Dongjak-gu Seoul Metropolitan Government B Apartment-dong, and the eco-gu D (25 years of age) residing in the above apartment of the same day, carried out drinking water near the F in the same Gu E, and operated a G-wheeled Automobile in approximately 700 meters near the above apartment, and prevented neighboring residents from returning home immediately after having arrived near the above apartment Cdong, and reported a disturbance of 112 to several times.

The Defendant, upon receiving a report from 112, has considerable grounds to recognize that he driven a vehicle under the influence of alcohol by the police officer I, smelling in the entrance from the police officer guard belonging to the Dongjak Police Station H District Unit of the Dongjak Police Station who was dispatched to the scene, with red impulseing, snowing, snow snowing, etc., and requested a police officer to comply with the breath test by means of breath test, but failed to comply with the breath test for about 30 minutes until around 09:50 of the same day without justifiable reasons.

The facts charged are specified as above to the extent that it does not interfere with the defendant's exercise of right to defend.

Summary of Evidence

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

1. Control note and investigation report (report on the circumstances of an employer-driver);

1. A written statement;

1. A photograph of a closure driven by the suspect;

1. Application of Acts and subordinate statutes to investigation reports (D) and telephone communications;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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;