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(영문) 서울중앙지방법원 2016.04.22 2016고정737
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 who drives Oralba.

On December 29, 2015, the Defendant was found to have driven alcohol on the 60-ro, Gangnam-gu Seoul Special Metropolitan City Madro 03:10, and was reported to have driven alcohol on the 60-lane, and was called, and was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant, booming on the face of the police box C at the police station, and booming on the face.

In addition, there was a considerable reason to determine the seal, and there was a demand to respond to the alcohol measurement by inserting the breath in three times between about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 할 뿐 이를 회피하는 등 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement of control of execution of the DNA preparation;

1. Part of the circumstantial report made by the driver in charge, excluding the driver;

1. The application of Acts and subordinate statutes concerning non-smoking, photographs, driving video materials of wheeled vehicles, and video materials refusing to measure alcohol;

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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