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(영문) 서울중앙지방법원 2017.10.26 2017고정2944
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On July 19, 2017, at around 02:05, the Defendant driven D's fluor under the influence of drinking on the front road located in Dongjak-gu Seoul Metropolitan Government, and caused a traffic accident, which occurred, and received 112 reports, and driven the Defendant under the influence of alcohol, such as smelling and smelling the Defendant from Ebricking F, G, and H An assistant I of the Seoul Dongjak Police Station, called out after receiving 112 reports.

There are reasonable grounds to recognize it, and it was demanded to respond to the drinking measurement by inserting the breath of drinking in three minutes between approximately 23 minutes.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A witness J test and a yellow report on the occurrence of K traffic accidents;

1. A traffic accident report, a police investigation report, a statement in the circumstances of the driver at the main place, a report on the detection of the driver at the main place, and a report on the internal investigation by the police;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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