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(영문) 서울동부지방법원 2013.07.16 2013고정1186
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On December 03:20 on December 2, 201, 201, the Defendant was demanded to respond to a drinking test by inserting approximately 30 minutes a drinking measuring instrument into a drinking measuring instrument, on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling, smelling, reding, etc. from an slope belonging to the traffic safety department of the dispatching Police Station, while driving a DNA car under the influence of drinking by drinking the front road of Songpa-gu Seoul.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes to a report on detection of a drinking driver, a report on the circumstances of a drinking driver, a statement of situation, a record of crackdown, a statement of non-measurement of measurement, each photograph, and a criminal investigation report (a report of hearing by a police officer

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 a crime;

1. Article 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation (e.g., circumstances in which the criminal defendant's re-entry is restricted);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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