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(영문) 서울북부지방법원 2017.02.09 2016고정1493
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant driven D Q Q535 TDI Qatt (A) car volume owned by the LAWU.

On May 14, 2016, at around 02:55, the Defendant: (a) performed drinking in front of the Dobong-gu Dobong-gu Dobong-gu Dobong-gu Dobong-gu, Dobong-gu, Seoul; and (b) performed drinking, such as a red, e-mail, with the face of drinking in the Defendant, from the background F of the Seoul Dobong Police Station E system, in which the Defendant received a witness’s report and received the witness’s notification that “the Defendant driven the drinking.”

There are reasonable grounds for suspecting the Defendant, and the Defendant demanded that the Defendant comply with the drinking alcohol measurement by inserting the whole in a drinking measuring instrument three times from around 03:19 to 03:49 on the same day, but the Defendant refused to comply with it without justifiable grounds.

Summary of Evidence

1. Legal statement of witness G;

1. Statement of the police statement related to G;

1. A statement concerning the circumstances of the driver at the home, a report on the situation of the driver at home and an investigation report;

1. Details of a report on the control site photograph and 112 reported by the reporter;

1. A CD-recording video recording of a black box;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into the statements of black stuffs and witnesses);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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