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(영문) 서울동부지방법원 2016.09.28 2016고정875
도로교통법위반(음주측정거부)등
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

1. On September 21, 2015, the Defendant: (a) driven a motor vehicle with approximately KRW 700 meters in front of the Mannam-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-si Man-

2. On September 21, 2015, the Defendant was driving a motor vehicle under the influence of alcohol, such as drinking alcohol, smoking, and suppression of drinking, driving a motor vehicle under the influence of alcohol, while driving a motor vehicle under the influence of alcohol on the front of D located in the Ma-gu Amendment area C at Sungnam-si, Sungnam-si, with a report that the Defendant would drive a motor vehicle under the influence of alcohol, by drinking the motor vehicle under the influence of alcohol, from G officers of the F police box of the Sungnam-nam Police Station, Sungnam-nam, where the Defendant was called after receiving a report that the Defendant would drive the motor vehicle under the influence of alcohol, and driving the motor vehicle under the influence of alcohol.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, G, and I;

1. Statement on the circumstances of driving at home, response to a request for appraisal, and photographs of the management of the so-called alcohol measuring apparatus (repair details);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of drinking), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the point of refusing to measure drinking), the selection of each fine for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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