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(영문) 서울북부지방법원 2019.11.20 2019고정1382
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 28, 2019, at around 02:55, the Defendant was demanded to comply with a drinking test by inserting the breath of alcohol in the manner of putting the breath of alcohol in front of the C convenience store located in Seopopo City B, and making a stop after receiving a report of a drunk driving, from F and two other persons belonging to the Jeju Seopo Police Station Ecomtation, which was called out by the Defendant. The Defendant was required to comply with the drinking test by inserting the breath of alcohol from around 02:39 to 02:54 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the breath of alcohol, while driving a breath of a breath of alcohol on the road in front of the C convenience store located in

Nevertheless, the Defendant refused to comply with a request of a police officer for the measurement of alcohol without justifiable grounds by avoiding “the Defendant is in fear of making a reporter a report, and is unable to comply with the measurement of alcohol because of a fact of driving under influence.”

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements, investigation report, and photographs of the control site of the host driver;

1. Application of the G’s written Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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