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(영문) 서울서부지방법원 2013.11.21 2013고단2443
도로교통법위반(음주측정거부)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On August 13, 2013, at around 02:50, the Defendant was demanded to comply with the drinking test by inserting the breathm for about 20 minutes into a drinking measuring instrument while driving a motor vehicle in Yongsan-gu Seoul, Yongsan-gu, Seoul at the front of 2-363 on the road. On the other hand, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 20 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling the Defendant from the chief of the police box of the Seoul Yongsan Police Station D police Station, sniffing the Defendant and making a statement by the reporter F, who had been a

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. A report on detection of a host driver;

1. Application of F’s written Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and Article 148-2 (1) 2 of the Act on the Selection of Criminal Crime and Punishment

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the primary point and reflective point);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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