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(영문) 서울남부지방법원 2020.01.16 2019고단5466
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On September 26, 2019, at around 11:12, the Defendant was demanded to respond to a drinking test by inserting alcohol measuring instruments over about 10 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, drinking, and snowing, while driving a drinking-type vehicle C in front of Yeongdeungpo-gu Seoul Metropolitan Government on the roads of Yeongdeungpo-gu, Seoul, and receiving a 112 report that he was a drinking driver.

Nevertheless, the Defendant refused to comply with a police officer’s request for a alcohol test without justifiable grounds by evading the Defendant’s act of making a false statement that he/she did not drive, and not inserting the laver.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared by the F;

1. Application of the Acts and subordinate statutes concerning enforcement manual and report on the situation of driving under the driving under the driving under the driving under

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

1. Selection of an alternative fine for punishment;

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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