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(영문) 서울동부지방법원 2016.08.16 2016고정329
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On December 9, 2015, the Defendant was exposed to F, G, slope H, and slope I while driving a DSS5 vehicle in the direction of about 10km from the front of the school street in Gangnam-gu Seoul Metropolitan Government to the front road in Gangdong-gu Seoul Metropolitan Government, and was under the influence of alcohol in the direction of about 10km.

The Defendant: (a) discovered at the site of drinking control and confirmed whether he was drunk and drinking in a drinking condition; and (b) confirmed that he was drunk, the Defendant, as a result of checking whether he was drunk, was drunk on the vehicle in driving; (c) was drunk; (d) was drunkly drunk; (d) was so drunk that he was driven under the influence of alcohol; (d) was able to red and rhym the eye; and (e) was obviously and was driven under the influence of alcohol.

On December 9, 2015, from around 23:43 to around 00:07, December 10, 2015, it was demanded to comply with the measurement of drinking alcohol by inserting the police officer F of the police station E system belonging to the Gangnam-gu Seoul Police Station E system, the background of the police officer in charge of drinking in a manner of inserting the measuring instrument into a drinking measuring instrument, and G through three times during the period between approximately 24 minutes.

Nevertheless, the defendant spits in the drafting that the food provided by police officers is the same as that of the living trees that can be found to be suitable for the preparation of a request for the measurement of drinking, and the defendant spits it after bringing the mobile phone into the vehicle.

The police officer should be able to make the preparation of the water as provided by the police officer in the case of drinking water in the defendant's vehicle while speaking as "I Ra".

In order to abandon the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume of the volume.

Although a police officer attempted to conduct a measurement, he/she did not comply with a police officer's request for a measurement of drinking without justifiable grounds, such as "dynasium", and continued to talk with an unqualified person by making a phone call.

Summary of Evidence

1. Legal statement of witness F;

1.F.

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