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(영문) 서울남부지방법원 2014.07.24 2014고단1940
공용물건손상등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On February 20, 2014, the Defendant damaged public goods, at around 23:45, the Defendant voluntarily committed a violation of the Road Traffic Act at a traffic survey station in Yeongdeungpo-gu Seoul, Seoul, and thereby, was demanded by police officers to take a drinking test to measure alcohol, and he was not driving under the influence of alcohol, and he was not driving under the influence of alcohol. The Defendant caused damage to the public goods by damaging things used by the civil petitioner, who is a public object installed in the traffic survey system of Yeongdeungpo-gu, Seoul, Police Station, and caused damage to their utility by destroying public goods equivalent to 160,000 won in repair dogs and destroying public goods.

2. Violation of the Road Traffic Act (Refusal of the measurement) by the Defendant: (a) around 22:30 on February 20, 2014, the Defendant was driving a vehicle for the Bag D (the age of 45) in the Yeongdeungpo-gu Seoul Metropolitan apartment parking lot at approximately 100 meters and became the victim D (the age of 45) and the vision.

At this time, the E District Assistant F, and one other, dispatched after receiving 112 report, have a reasonable ground to recognize that he/she was driven under the influence of alcohol, such as drinking, etc., and transferred it to the Yeongdeungpo Police Station Traffic Survey Team.

On February 20, 2014, the Defendant demanded a drinking test from an investigator of the Transport Investigation Department of the Yeongdeungpo-gu Police Station at around 23:20 to 23:32 on February 20, 2014. On February 20, 2014, the Defendant demanded a drinking test at around 23:32 to 23:45 on February 20, 2014. On February 23:45 to 23:58, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument during a total of 38 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing on the ground that he did not drive himself by keeping the sobscopic measuring instrument in his hand.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. A report on the actual state of the driver;

1. Place where drinking alcohol is measured;

1. Written estimate;

1. A photograph taken to dact alcohol;

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