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(영문) 서울북부지방법원 2014.06.26 2014고정216
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

On November 2, 2013, the Defendant was required to comply with the drinking test by inserting alcohol measuring instruments three minutes from around 00:27 to around 01:04 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, snicking, etc. from D by the situation where the Dobong Police Station affiliated with the Dobong Police Station, while driving a motor vehicle at the Changwon Elementary School located in Dobong-gu Seoul Metropolitan Government Changwon-dong.

Nevertheless, the defendant thought that the defendant can be detained if he complies with the drinking test, and that it is difficult to do so, and did not comply with the police officer's request for drinking test without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Control note;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a report on the control of drinking driving;

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 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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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