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(영문) 서울중앙지방법원 2016.07.13 2016고정1560
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 19, 2016, the Defendant was driving a vehicle under the influence of alcohol, such as the background F of the E District Zone belonging to the Seoul Gwanak Police Station E District and the light G, who was dispatched after receiving a report on a vehicle suspected of drinking while driving at the driver's seat while driving a vehicle in front of D in Seoul Special Metropolitan City, while driving a vehicle in front of D in Seoul Special Metropolitan City, while driving the vehicle at the driver's seat, and driving the vehicle under the influence of alcohol, such as the above-mentioned f and the light G with very red face of drinking in the suspect's entrance.

There are reasonable grounds for suspecting that the police officer demanded the measurement of drinking for about 52 minutes from around 07:30 to 08:22, but did not comply with the police officer's request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A report on detection;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to investigative reports (statements by a reporter and driving of suspects);

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

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;

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