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(영문) 서울서부지방법원 2019.01.10 2018고단3052
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On July 31, 2018, around 00:40 on July 31, 2018, the Defendant was driving a D low-priced car in front of the C convenience store located in Mapo-gu Seoul Metropolitan Government, and the Defendant caused a traffic accident involving the front part of the e-high vehicle parked, and received 112 report on the fest G of the Mapo Police Station and sent one other.

There are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling alcohol in the entrance, walking with a strong distance and face with a scarlet, etc., and the Defendant was demanded from around 01:13 on July 31, 2018 to around 01:31 on the same day to comply with the measurement of drinking by inserting the breath for three times from the above G from around 01:13 on July 31, 2018, the Defendant did not comply with the measurement of drinking without justifiable grounds by refusing the measurement of drinking while refusing to comply with the measurement of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the provisions of this Act and subordinate statutes to copy the circumstantial statement, investigation report, and usage register of drinking-free meters;

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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