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(영문) 서울남부지방법원 2013.12.09 2013고정3551
도로교통법위반(음주측정거부)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 1, 2013, at around 00:50 on October 1, 2013, the Defendant: (a) had reasonable grounds to recognize that he was driving of B’s “carren B” passenger cars under the influence of alcohol from the behind the Gangseo-gu, Gangseo-gu, Seoul, the Gangseo-gu Office of Gangseo-gu to the 980-27 Seoul Gangseodong Police Station; and (b) on the same day, at around 01:59, the Defendant refused to comply with the police officer’s request for a drinking test without justifiable grounds despite having received a request for a drinking test from a policeman D in the C District of the Seoul Gangseo-gu Police Station C District of the Seoul Gangseo-gu Police Station.

Summary of Evidence

1. Statement by the defendant in court;

1. A written arrest of a flagrant offender;

1. A report on investigation;

1. Report on the offender's domicile;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry into the results of crackdown on drinking driving;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract 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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