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(영문) 서울서부지방법원 2017.08.24 2017고정495
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

1. Around 03:00 on October 18, 2016, the Defendant, starting from the road in front of the convenience store located in Mapo-gu Seoul, Mapo-gu, Seoul, the Defendant driven a Dara car without obtaining a driver’s license in the direction of the former subway No. 5 in front of the former subway No. 5, the front of the same Mapo-dong public parking lot, the front of the same Gu Mapo-dong river, the front of the same Gu Mapo-dong river, and the front of the same Gu Mapo-dong new-dong new-dong elementary school, while driving the Dora car without obtaining a driver’s license.

2. On October 18, 2016, the Defendant: (a) parked the said radar car on the front of the said C convenience store from around 03:36 to around 03:56 the same day; and (b) was under the situation at a point no longer than a certain size away from the said place; (c) the Defendant was required to comply with the alcohol alcohol measurement by the Seoul Mapo Police Station E District RacingF and Police Officer called to the site upon receiving 112 reports; and (d) was required to comply with the alcohol alcohol measurement by G.

At that time, the defendant was a witness who observed the operation of the said car, was smelled by the defendant, was smelled by the defendant, and was driven under the influence of alcohol by the defendant, such as walking with a big distance.

Although there was a considerable reason to determine a person, the Defendant was not to drive the said vehicle.

In this regard, he did not comply with the alcohol alcohol measurement.

As a result, the defendant did not comply with a police officer's request for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A H statement;

1. Application of Acts and subordinate statutes, such as control manual, report on the state of driver's license, and the ledger of driver's license;

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving points), Articles 148-2 subparag. 2 and 44(2) of the Road Traffic Act concerning criminal facts, the choice of fines, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Attraction of a workhouse;

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