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(영문) 서울중앙지방법원 2016.11.16 2016고정1179
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 driving a CM5 vehicle.

On January 11, 2016, at around 03:20 on January 11, 2016, the Defendant was required to respond to the measurement of alcohol for about 30 minutes on the grounds that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling, photographing, red, repeating the same horses, etc.

Nevertheless, the Defendant, at around 03:40 on the same day, failed to take a sobling test on the same day and avoided a sobing test on the part of the Defendant, and avoided a second drinking test on the same day at around 03:52. On the same day, the Defendant also avoided a sobing test on the second drinking test on the same day, and on the same day at around 04:10 on the same day, the Defendant did not continuously drive a sobing and did not comply with a police officer’s request for a sobing test on three occasions, such as avoiding a sobing test

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, E, F, G, H, and I;

1. Part prepared in the report on detection of a host driver;

1. Application of Acts and subordinate statutes governing hours of drinking demand;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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;

1. The main sentence of Article 186 (1) of the Criminal Procedure Act;

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