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(영문) 서울동부지방법원 2014.05.09 2014고정585
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

On February 4, 2014, at around 02:10, the Defendant is driving a motor vehicle of high level elamagal Yari-si, Gangdong-gu, Seoul, with drinking on the road located in 216 (Seongdong-ro) of Gangdong-gu.

In the course of driving the said vehicle on one road, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as that the entire face of the Defendant is red, cross-routing, and smelling in a large amount of drinking in the entrance, etc. from the superintendent D belonging to the Gangseo Police Station C District of the Gangseo Police Station, which was demanded to comply with the drinking test by inserting approximately 50 minutes from around 02:10 to around 03:00 of the same day in four minutes of the alcohol measuring instrument.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (on-site police officer);

1. Application of field photographs and vehicle photographs Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. Articles 70 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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