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(영문) 서울남부지방법원 2014.11.14 2014고정2015
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 December 21, 2013, at around 00:45, the Defendant heard a warning to proceed on the front of the building of the large-ro digital 34-gil 182-13, large-ro 182-13, large-scale social gathering and 2nd-down building, and the Defendant’s vehicle B, owned by the Defendant, who was stopped, with a view to moving the vehicle from the police box C of the Seoul Police Station, which was on patrol duty, and the Defendant did not move, and the Defendant was subject to an in-depth autopsy by the said police officer. At the time of inspection, the Defendant snicking in the vehicle, smelling in the vehicle, smelling in the vehicle at the time of inspection, snicking in the string, and snicking in the breath, and the Defendant was demanded to take a drinking test by inserting three minutes during the influence of alcohol on three occasions from around 01:41 to 02:07 on the same day.

Nevertheless, the defendant did not drink and did not comply with a police officer's request for a measurement of drinking without good cause.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A written report on host driver, a written report on the status of an employer driver, a written statement on the status of an employer, and a control manual;

1. Request for the measurement of drinking, on-site photographs of vehicles and the ledger of use of measuring instruments for drinking;

1. Each investigation report (by proxy a telephone survey at a driving center, CCTV image survey), and the application of video-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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