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(영문) 서울동부지방법원 2015.01.23 2015고정17
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 November 1, 2014, the Defendant: (a) was a person operating a vehicle B as a job; (b) around 22:0 on November 1, 2014, at around 22:00, the Defendant was transferred to the Transport Survey System of the Mine Police Station in relation to the incident of contact with the vehicle that was parked behind, while driving a vehicle in front of the D cafeteria located in Gwangjin-gu Seoul Special Metropolitan City, and then was transferred to the Transport Survey System of the Gwangjin Police Station in Seoul Special Metropolitan City, and there is considerable room to regard the Defendant as driving a vehicle while under the influence of alcohol due to b2:5 on November 1, 2014, around 22:5, around 23:08, around 23:208, around 23:20, around 23:31, 231:31, and refused the measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the status of a host driver;

1. Application of the Acts and subordinate statutes on photographs, refusal to measure, and photographs of the suspect;

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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