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(영문) 서울북부지방법원 2019.01.15 2018고정1289
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 June 14, 2018, around 03:40 on June 14, 2018, the Defendant was required to respond to the measurement of alcohol by inserting alcohol in a manner of inserting alcohol into a dexton car in front of the C Zone B located in Gangnam-gu Seoul, and making it possible for the Defendant to be found to have driven under the influence of alcohol, such as smelling, sniffing, rheating, a little string, and a large string and face, from the slope F belonging to the Gangnam Police Station E, and making it reasonable for the Defendant to be found to have driven under the influence of alcohol.

However, the defendant explicitly expresses his intention of refusal to take a drinking test, such as stating that he is "Worri," and trying to go to the roadway, and did not comply with a police officer's request for a justifiable drinking test.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to reports on the situation of running a driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, and protocol on the control of drinking;

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;

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