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(영문) 서울동부지방법원 2016.06.28 2016고정847
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

The defendant is a person driving a BMW car.

On February 15, 2016, the Defendant driven the foregoing vehicle in front of Gwangjin-gu Seoul Special Metropolitan City on February 02:00, and continued to conflict with the Drocketing car parked therein and caused the collision with the wall, while driving the vehicle under the influence of alcohol, such as smelling the Defendant from the slope E, smelling it with snow, etc.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking at intervals of about 10 minutes by inserting the whole in four times a drinking measuring instrument at intervals of about four minutes.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. A written statement in F and G preparation;

1. Application of the Acts and subordinate statutes to a criminal investigation report, traffic accident report, traffic accident history report, on-site photograph, vehicle photograph, fence photograph, fence photograph, photograph of a reporter's fluor photograph, photograph of a fluor photograph, a driver's detection report, a report on the situation of the driver in charge of the principal, a written statement in the situation of the driver in charge, Schlage photograph, photograph of the CCTV for crime prevention, fluor photograph of drinking refusal to measure alcohol

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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