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(영문) 서울동부지방법원 2016.06.08 2016고정872
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On February 21, 2016, the Defendant driven a vehicle at the front of Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) from a slope E belonging to the Seoul Gwangjin Police Station D police box, while driving the vehicle at CM520 on the front of Gwangjin-gu, Seoul Special Metropolitan City, and was under the influence of alcohol, such as drinking alcohol and drinking alcohol, and showing reaction to a drinking reduction.

There are reasonable grounds to determine a person, which was demanded from around 03:28 to around 03:48 to respond to the measurement of drinking alcohol by inserting approximately 20 minutes into a drinking measuring instrument three times.

Nevertheless, the defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the driver who takes charge;

1. Application of F’s written Acts and subordinate statutes;

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;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

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

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