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(영문) 서울중앙지방법원 2017.11.16 2017고정2997
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 March 2, 2017, the Defendant driven a vehicle in front of Gangnam-gu Seoul Metropolitan Government with drinking on March 2, 2017, under the influence of alcohol, the Defendant driven a vehicle in front of Gangnam-gu, Seoul, with an inaccurate, unsatisfing and faceed by the Defendant’s speech and walking condition from D Racing of Seoul Gangnam Police Station D, Gangnam-gu, Seoul, and with a little red face.

There is a reasonable reason to determine a person, and it was demanded from around 03:59 of the same day to around 04:31 of the same day to respond to the measurement of drinking in a manner that makes it difficult to put the wind on a drinking-free measuring instrument four times between 30 minutes of the same day.

Nevertheless, the defendant did not put the wind into a drinking measuring instrument and avoided it, and did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Reporting on police criminals, investigation reports, and investigation results;

1. Application of Acts and subordinate statutes to photographs of drinkmatics;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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