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(영문) 서울중앙지방법원 2015.07.02 2015고정585
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle in D C.

On December 20, 2014, around 06:10 on December 20, 2014, the Defendant was demanded from police officers E working at the traffic safety department of the Seocho Police Station in Seocho-gu, Seoul, to respond to the measurement of alcohol by inserting the breath of alcohol over three minutes in a manner of inserting the breath of alcohol in a breathous state with snow, a breath and a breath of the face, and a breath of the breathm.

Nevertheless, the defendant alleged that he was not driving, and avoided it by refusing to take a drinking test itself, and did not comply with the police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Notification of the results of crackdown on drinking driving, inquiry of the results of crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and report on the circumstances of drinking driving;

1. Application of Acts and subordinate statutes to photographs taken on the spot;

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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