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(영문) 서울서부지방법원 2014.02.19 2013고정2480
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 May 20, 2013, at around 23:39, the Defendant was required to respond to a drinking test by inserting four times in a drinking measuring instrument for about one hour, on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while drinking on the front of Chigh School located in Eunpyeong-gu Seoul Metropolitan Government, while driving the motor vehicle D while drinking on the front of the Chigh School located in Eunpyeong-gu, Seoul, Seoul, Seoul, the traffic safety department of Eunpyeong Police Station, as well as the Defendant sniffing, smelling, sniffing, and eyeing, etc.

Nevertheless, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds by stopping the breath of injecting the breath-man, making the breath-man as soon as possible.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the written report on circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

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