logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2012.06.27 2011고정7820
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

When there are reasonable grounds to recognize that a person has driven a motor vehicle under the influence of alcohol, any person shall have a duty to comply with a breath test of a police official.

At around 00:50 on May 13, 201, the Defendant was required to take a drinking test by a police officer D while driving a C low-priced motor vehicle in front of the New-gu Seoul Jung-gu 2, 432 Baton House, Jung-gu, Seoul.

At the time, there was considerable reason to suspect that the Defendant was driving under the influence of alcohol, such as smelling in the face with red and smelling.

그럼에도 불구하고 피고인은 호흡측정기에 부는 시늉만 하는 방법으로 음주측정을 불가능하게 함으로써 정당한 이유 없이 경찰공무원의 음주측정에 응하지 아니하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of each police statement regarding D;

1. Recording records;

1. Application of Acts and subordinate statutes concerning field photographs of crackdown on refusal to measure drinking;

1. Relevant legal provisions and Articles 148-2 subparagraph 2 and 44(2) of the former Road Traffic Act (amended by Act No. 10790, Jun. 8, 201) that select the punishment for a crime (elective of fines)

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

arrow