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(영문) 서울북부지방법원 2019.06.12 2019고정453
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

피고인은 2018. 12. 16. 23:10경 서울 중랑구 B 앞 도로에서 C 다마스 차량을 후진으로 약 1m가량 운전한 후 시동을 켠 채 정차하고 있었다.

The defendant was requested to respond to the alcohol test by inserting the whole breath during three times from December 16, 2018 to December 23: 23:3:53 on December 23, 2018, on the ground that there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as the defendant's response to the alcohol reduction, smelling, snicking, snicking on the face, etc., from F in the process of belonging to the Seoul Central Library Police Station E District, which was called upon the witness D's notification that the drinking driving is suspected, and the defendant refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Statement of the circumstantial statement of a drinking driver and a manual for enforcement;

1. Application of the photographic Acts and subordinate statutes;

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

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