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(영문) 서울동부지방법원 2019.05.29 2019고단908
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine not exceeding ten million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Criminal facts

On March 13, 2019, at around 01:52, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments into a drinking measuring instrument for about 15 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as smelling, smelling, smelling, dbening, and dbening the body from F of the border of the Seoul Songpa Police Station E-gu E-gu, Seoul, the Defendant, while driving a motor vehicle under the influence of alcohol at the front of Songpa-gu Seoul, Songpa-gu, Seoul.

Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into a drinking-free measuring instrument and did not comply with a police officer’s request for a drinking-free measuring instrument without any justifiable reason by avoiding the body in such a way as “I am in front of our house, whether it is a problem?” and “I am driving in an apartment, and I am driving in an apartment.”

Summary of Evidence

1. Defendant's legal statement;

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

1. Provisions of the former Road Traffic Act (amended by Act No. 16037) (Article 148-2 (1) 2 and 44 (2) (Selection of Fines);

1. A fine shall be selected in consideration of the following factors: (a) the head of the Nowon-gu Criminal Act and Article 70(1) and Article 69(2) on behalf of the head of the relevant apartment premises with the reason for sentencing, which occurred during the parking period; and (b) the head of the relevant apartment unit for

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