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(영문) 서울북부지방법원 2018.05.31 2018고단1335
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol around March 27, 2018, driven a rocketing car car from around 10km to around 22:30 to around 2, 2018.

Since then, after reporting 112 that "C's inspection is operating a color vehicle in a narrow distance," the Seoul Dobong Police Station D police box sent to the above B, which requested the police vehicle to support the transportation vehicle without suspicion of drinking driving, after reporting the status of the defendant, and the Seoul Dobong Police Station F Assistant G et al., which arrived at the above B commercial building around 22:35.

Thus, the defendant was driven under the influence of alcohol by the defendant, such as the defendant's face from the above slope G, such as red, galming and smelling in a string manner.

There are reasonable grounds to determine a seal, and thus, it was not complied with the alcohol testing by inserting it into a drinking measuring instrument, such as 22:45 (1), 22:50 (2), and 22:55 (3) (3).

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to check the details of crackdown and the results of crackdown on drinking driving;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (2) of the same Act concerning facts constituting an offense, the choice of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment was that the defendant had been punished for driving two times of drinking, and there is sufficient need for the defendant to strictly punish him.

In this regard, it is reasonable to select the defendant's imprisonment with prison labor for the defendant, but the defendant is currently suffering from the stroke.

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