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(영문) 서울남부지방법원 2016.07.01 2016고정702
도로교통법위반(음주측정거부)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a passenger car Benz E300.

On December 26, 2015, the Defendant driven a car with approximately 10 km e300 meters from the Dong-dong Highway in the same military area, which was located in the same military plane from the Dong-dong Highway in the same military area. Benz E300 cars.

After inducing the above vehicle to the expressway driver of the National Police Agency of the Gangwon-do Police Agency, which was called after receiving a report on the suspected driving of drinking by the defendant, the driver of the expressway patrol division, etc. of the Gangwon-do National Police Agency led the above vehicle to the expressway driver of the highway in the Yeung City of Gangwon-si, it became probable that the defendant was drunk by making the defendant under the influence of drinking, and the defendant was under the influence of drinking, such as drinking, smelling, snicking, etc.

there was a reasonable reason to determine the person.

Therefore, the Defendant did not comply with the alcohol measurement without justifiable grounds, even though the Defendant was requested from around 03:16 to 03:40 on the same day to respond to the alcohol measurement by inserting the alcohol measuring instrument three times from the above slope C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a witness to drinking alcohol driver's report or video image);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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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