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(영문) 서울중앙지방법원 2018.07.12 2018고정1188
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On March 16, 2018, the Defendant driven a DNA string vehicle in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) with the influence of alcohol, such as drinking alcohol to the Defendant and sprinking red on the face, while driving a DNA string vehicle in the Cart parking lot in Gwanak-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City).

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's demand for alcohol testing by clearly refusing to measure drinking while taking a bath.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes of written confirmation;

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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