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(영문) 서울서부지방법원 2016.11.04 2016고정1214
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 April 21, 2016, around 05:47, the witness of the Seoul Mapo-gu Police Station C, which was dispatched to the site by the defendant pursuant to 112 report that "the driving of a B Dap car under the influence of alcohol" was "the driving of a Dop car under the influence of alcohol", and the witness of the above report that "the defendant was unsatisfying because he was making a stop and diving on the above vehicle at the 353-23 Ga-ray of Mapo-gu Seoul Mapo-gu, Seoul, and making a stop again at the front of the F Hospital located in the same Gu E in the same Gu E" was confirmed, and there was a substantial reason to recognize that the defendant was driving under the influence of alcohol, such as drinking with a high distance of walking, drinking with a very big distance, and drinking with the influence of alcohol.

For the foregoing reason, the Defendant did not comply with a police officer’s request for a alcohol alcohol test by inserting the alcohol measuring instrument four times from 06:40 to 07:15 of the same day at Seoul Mapo-gu Police Station C located in 183, as Seoul Mapo-gu, Seoul, and thus did not comply with a police officer’s request for a alcohol alcohol test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to traffic control reports and reports on the state of standing drivers;

1. Relevant laws concerning criminal facts, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, and 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;

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