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(영문) 서울중앙지방법원 2015.05.21 2015고정1201
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with B EWN as his duties.

On December 27, 2014, at around 07:48, the Defendant was driving at the front seat of Gangnam-gu Seoul Metropolitan Government, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, inaccurate, and booming snow, etc., the Defendant refused to comply with a police officer’s demand for a alcohol measurement by refusing it, without justifiable grounds, even though the Defendant was required to comply with a demand for a measurement by inserting it into the drinking measuring instrument four times from May 27, 2014 to December 27, 2014, from around 07:55 to December 08:25, 2014, by refusing to comply with the demand of the police officer for a alcohol measurement method without justifiable grounds.

Summary of Evidence

1. A written statement;

1. Control note;

1. Notification of the control results of drinking driving and application of Acts and subordinate statutes of the report on the circumstances of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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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