logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2017.07.19 2017고단1874
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On 25, 2017. 21:10 on 25, 2017. 21:10, the Defendant driven a bice-type car in front of the entrance of the tunnel, which is located in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the “BS-type car”) and caused a traffic accident involving cargo vehicles parked on the right side of the road and the central separation stand, and thus, the Defendant was called to the police officer upon 112 report. The Defendant driven the vehicle under the influence of alcohol, such as drinking, smelling, sprinking red on the face, and sprinking.

Around 21:59 on the same day, there was a significant reason to determine a person, and around 21:59 on the same day, at the transportation station in Songpa-gu Seoul, Songpa-gu and the C Team office of Songpa-gu, Seoul, demanded that the person comply with the alcohol testing by inserting approximately 20 minutes in total four times from the slope D belonging to the said C Team.

Nevertheless, the defendant does not comply with the drinking alcohol measurement.

In a manner that does not put the whole part of a drinking measuring instrument into a drinking measuring instrument, the police officer did not comply with a request for a drinking test by the police officer without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the provisions of Acts and subordinate statutes on survey reports, reports on the circumstances of drivers in the main place, and rejection of measurement;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning facts constituting an offense and the selection of punishment, and the defendant is under the influence of alcohol;

Although the nature of the crime of this case, which did not comply with the police officer's measurement of drinking despite reasonable grounds to determine the person, the crime of this case is not less severe, the defendant is led to confession, seriously reflects the fact that there is no previous conviction for driving the same kind and drinking, and the social relationship is clear, such as being leading to the birth of both embryos.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

arrow