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(영문) 서울중앙지방법원 2013.05.03 2013고단1457
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 26, 2013, at around 00:20 on February 26, 2013, the Defendant, while driving on the road in front of 729-21, Seocho-gu Seoul Seocho-gu, Seocho-gu, Seoul, there are reasonable grounds to recognize that he/she was under the influence of alcohol, such as being driven on the road in front of 729-21, while smelling alcohol, snicking on the face, etc., and accordingly, the Defendant was requested by a slope belonging to the Seoul Disaster Control Station to comply with the drinking measurement three times in total on the same day, but the Defendant did not comply with

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation report (as to refusal of a negative measurement)

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant in this case is not subject to a legitimate drinking test by a police officer after the defendant caused a contact with the drinking state, but the nature of the crime is not somewhat weak. However, the fact that the defendant led to a confession and reflect of the crime, that there was no record of punishment due to drinking driving in the past, and that there was no record of punishment due to drinking driving in the past, and that the sentencing conditions indicated in the records such as the defendant'

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