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(영문) 서울중앙지방법원 2017.08.18 2017고정1707
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 5, 2017, the Defendant driven a vehicle Bk5 under the influence of alcohol, such as smelling and smelling on the face of the Defendant, while driving a vehicle Bk5 on the second floor parking lot of the shopping mall 340 Moo-ro, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, while drinking at the second floor of the shopping mall.

There is a reasonable reason to determine a person, and even if he/she has been requested to comply with the measurement of drinking at intervals of ten minutes by inserting the whole in a drinking measuring instrument three times, he/she did not comply with it without justifiable grounds.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating drinking driving;

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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