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(영문) 의정부지방법원 고양지원 2018.05.31 2018고정195
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the owner of the Dstuneta car.

On September 27, 2017, at around 23:00, the Defendant: (a) was able to sleep one week after drinking at the friendship house located in Eunpyeong-gu Seoul Metropolitan Government E; (b) around 03:27, the unification of Eunpyeong-gu Seoul, where the Defendant was equipped with the above vehicle, 935, from around the funeral hall to the road adjacent to the Pyeongtaek-gu, Dong-gu, Seoul, 962, when driving the said vehicle from around the funeral hall to the same unification, the Defendant was under the suspicion of drinking from one person, such as the traffic safety guards and F.

Defendant 1 was driven under the influence of alcohol in an inaccurate and broad manner with the outbreak at the control place, while driving under the influence of alcohol with a large amount of walking condition.

Despite reasonable grounds to determine a person, one person, such as F, etc., from around 03:35 on the same day to about five minutes from around 20 minutes on the same day, but did not comply with a legitimate request for the measurement of alcohol in a manner that does not put the respiratory rapidly into the respiratory part, although the person was required to take a measurement of alcohol from around 03:35 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports, investigation reports, and inquiry into the results of crackdown on drinking driving;

1. An explanatory note;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of records of drinking meters);

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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