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(영문) 서울중앙지방법원 2017.11.23 2017고단6783
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

around 01:35 September 14, 2017, the Defendant driven a e-bea vehicle in front of the D in Seocho-gu Seoul Metropolitan Government, while driving a e-bea vehicle on the front of the D in front of the D in Seocho-gu, Seoul, and was under the influence of alcohol by the Defendant from F details G of the Steering Police Station affiliated with the Steering Police Station, while driving the vehicle in the form of e-bea vehicle, and driving the vehicle in the form of e-bea vehicle, such as drinking, drinking, drinking, drinking,

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

그럼에도 피고인은 2017. 9. 14. 01:49 경 1차로 측정을 거부하고, 같은 날 01:55 경 2차로 측정을 거부하고, 같은 날 02:05 경 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the detailed statement report on the situation of a driver who is placed in driving, investigation report (report on the situation of the driver who is placed in driving), and the result

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 and 148-2 (1) 2, and 44-2 (2) of the Road Traffic Act, the selection of fines (no confession, penance, heavy penalty exceeding a fine, and relevant details among the rules for employment of employees of a workplace in which the accused attends, age of the accused, sex, occupation, family relationship, circumstances after the crime, etc.);

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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