(영문) 서울동부지방법원 2016.07.06 2016고단1393

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(영문) 서울동부지방법원 2016.07.06 2016고단1393

도로교통법위반(음주측정거부)

Text

Defendant

A shall be punished by imprisonment for eight months, and by a fine of four million won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[Defendant A issued a summary order of a fine of KRW 700,000,000 for the same crime at the Seoul Eastern District Court on June 20, 2008 as a crime of violating the Road Traffic Act (dacting driving), and two million won for the same crime at the Seoul Central District Court on December 23, 2009.

Defendant

A On March 5, 2016, at around 04:55, a person who drives a motor vehicle under the influence of alcohol, such as drinking at the front of the Dong community service center, smelling at the entrance, snicking, red, and driving a motor vehicle while driving a motor vehicle with a non-ranged walking, while driving the motor vehicle.

Even though it was requested by police officers belonging to the Sung-dong Seoul Police Station, Seoul Police Station, to respond to the measurement of drinking alcohol by inserting approximately 30 minutes a drinking measuring instrument three times between the police officers belonging to the Sung-dong Police Station, Seoul Police Station, for a considerable reason to recognize it, the police officers did not comply with the request for measurement of drinking alcohol without justifiable grounds.

[Defendant B] around 04:55 on March 5, 2016, Defendant B driven a motor vehicle under the influence of alcohol, such as a fluorous, smelled, snicking, snicking, red, and a fluorous distance on the road front of the Seongdong-gu Seoul Metropolitan Government Office.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. A written report on the details of the crackdown, the report on the results of the crackdown on drinking driving, and the statement of the situation of each driver;

1. Previous convictions of Defendant A: Application of a reply to inquiry, investigation report (formers and attachment thereto) and statutes;

1. Article 148-2 (1) 2 of the Road Traffic Act (Defendant A) of the relevant Act on criminal facts

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