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(영문) 서울동부지방법원 2016.12.20 2016고정1920
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On July 18, 2016, at around 07:56, the Defendant voluntarily operated the Ecomtation from the police officer of the Songpa Police Station Ecomtation, who was dispatched to D upon D’s report while on the part of the Defendant, who was on the part of the driver’s seat of the cwing-gu, Songpa-gu, Seoul who was under the influence of drinking at the time of drinking in Songpa-gu, Seoul.

At around 09:00 on the same day, the Defendant was required to respond to the measurement of alcohol by inserting approximately 30 minutes in a drinking measuring instrument three times between the 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling the Defendant, smelling the Defendant, singing the face on the face, etc.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Second police interrogation protocol against the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes of enforcement manual and circumstantial report of a host driver;

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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