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(영문) 서울북부지방법원 2012.06.21 2011고정3747
도로교통법위반(음주측정거부)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 00:40 on August 29, 201, the Defendant is driving a DK7 car at the front side of the entrance of Gongung-dong, Seoul Special Metropolitan City, Nowon-gu 112-6.

There are reasonable grounds to recognize that a person was driven while under the influence of alcohol by drinking, such as smelling, smelling, reding, etc. from a slope E belonging to the Seoul Nowon Police Station, which was demanded to respond to a drinking test by inserting about 30 minutes in the form of a drinking measuring instrument.

그럼에도 피고인은 음주측정기에 입을 대고 부는 시늉만 하는 방법으로 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. A H statement;

1. Application of Acts and subordinate statutes on the measurement of measuring instruments for drinking;

1. Subparagraph 2 of Article 148-2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 10790, Jun. 8, 201) concerning 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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