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(영문) 서울서부지방법원 2017.05.11 2017고정303
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant driven a sprink on the front side of Mapo-gu Seoul, Seoul on the road in front of 05:08, while driving a spke car with drinking on the road, and was under the influence of alcohol, such as smelling, sprinking, sprinking, sprinking, and sprinking the Defendant from the superintendent of the police station belonging to the Mapo-gu Seoul Metropolitan Government Police Station.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the Defendant avoided the measurement of drinking by a drinking measuring instrument, and failed to comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual condition, notification of results of crackdown on driving drinking, report on the circumstances of drivers of drinking alcohol, and investigation report (in case of non-compliance with the measurement of drinking

1. Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The act of refusing to take a measurement of drinking without any justifiable reason after driving the alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act in the order of provisional payment is likely to be used as a means of evading the corresponding punishment by making it impossible to confirm the level of the driver's taking advantage of the alcohol, and the act is likely to be used as a means of evading the corresponding punishment. The act of making it difficult to properly control and control the

The sentence shall be determined as ordered in consideration of the fact that the maximum amount of a fine among the statutory penalties for refusing to measure drinking is five million won, that the defendant has been punished once due to drinking driving, that the defendant has been punished once due to driving without a license, and that there are other various kinds of conditions for sentencing, such as the defendant's age, sex, environment, etc.

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