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(영문) 서울중앙지방법원 2017.06.16 2017고정1279
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

Defendant

A person who drives a Bsch Rexton car on his own.

On February 26, 2017, the Defendant rejected the police officer’s legitimate measurement of drinking, such as the Defendant’s refusal of first measurement at around 23:04 after the arrest of the same day, such as: (a) the Defendant, at around 22:45 around 26: (b) the snow was fluent, smelling alcohol at the bar; (c) the police officer’s inquiry into the question of the police officer; and (d) the Defendant’s refusal of fourth measurement at around 23:18 around 23:29; (b) the Defendant’s refusal of second measurement at around 23:29; and (c) the police officer’s refusal of fourth measurement at around 23:40.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the circumstantial statement report, video CDs related to rejection of measurement, and the Acts and subordinate statutes related to escape;

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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