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(영문) 서울중앙지방법원 2016.01.26 2015고정3623
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 May 5, 2015, the Defendant reported a police official who was driving a CK7 car in front of the 208 Sinung-dong, Sungnam-dong, Sungnam-dong, Sungnam-dong, and suspended the vehicle.

At that time, the defendant was on board the driver's seat of the above K7 vehicle, and the defendant was able to drink at the defendant's entrance with a large amount of drinking, with a red color, and the fact of drinking at the drinking while the defendant was under the influence of alcohol, such as recognizing that the defendant was under the influence of alcohol.

On May 5, 2015, around 23:33 on May 5, 2015, around 23:47 on the following day, and around 0:00 on the following day, it was demanded to comply with a drinking test by inserting a measuring instrument into a drinking measuring instrument from a police officer of the Sungnam-nam Police Station D Police Station D on May 1, 200, but the defendant did not comply with a police officer's request for the measurement of drinking without good cause, without any justifiable reason, without inserting the breamer into a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. The defendant and his defense counsel asserted to the effect that he was unable to comply with the alcohol alcohol measurement due to his oral and personal knowledge, and that he did not refuse the alcohol alcohol measurement.

However, according to each evidence of the judgment, E, who is a police officer, did not request the Defendant to collect blood at the control site, but did not talk to the effect that the Defendant could not respond to the measurement of drinking alcohol due to the Gu’s internal knowledge and death at the drinking measurement site, and when comprehensively considering the fact that the Defendant’s refusal to measure drinking, such as what was written in the facts charged, was recognized as the Defendant’s refusal to measure drinking, is recognized).

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 (2) of the Criminal Act to attract a workhouse.

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