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(영문) 서울남부지방법원 2013.09.09 2013고정2385
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 3, 2013, at around 22:45, the Defendant driven a Grand Car under the influence of drinking 500 on the fire fighting road in Gangseo-gu Seoul Metropolitan Government.

The Defendant was required to respond to the measurement of drinking alcohol by inserting the measuring instruments over 30 minutes between the time of the request for measurement, the refusal of the first measurement, the second measurement refusal 23:2, the third measurement refusal 23:3:32) on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as that the Defendant appeared to have a response to drinking reduction, smelling alcohol smell, smelling, and breathing snow, from C at the seat of the traffic safety department of the Gangseo Police Station where he was working on the duty of regulating drinking.

피고인은 그럼에도 불구하고 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Application of Acts and subordinate statutes, such as a report on the statement of the state of drinking drivers, a written confirmation of drinking control, notification of the results of drinking driving control, a report on the state of drinking driving, and a statement of

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 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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