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(영문) 서울중앙지방법원 2017.08.09 2017고정1610
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

The defendant is a person who drives a car in the Bland.

On March 15, 2017, the Defendant driving a vehicle in the vicinity of the exit No. 5 located in the Seocho-gu Seoul Metropolitan Government 236 while driving the vehicle around 22:25 on March 15, 2017.

C and Si expenses caused C to block the Defendant’s vehicle and reported 112 as the Defendant was driving under influence of alcohol.

As a result, a driver was driven under the influence of alcohol, such as smelling at the defendant's entrance in his/her face, snicking from the police box of the Seocho Police Station D, dispatched to the scene, etc.

Although the Defendant was requested to take a alcohol measurement by inserting the whole in a drinking measuring instrument for a significant reason to determine a person, the Defendant did not comply with the police officer’s measurement of alcohol without justifiable grounds, such as refusal of the first alcohol measurement around March 15, 2017; refusal of the second alcohol measurement around 22:45 on the same day; refusal of the third alcohol measurement around 22:5 on the same day; refusal of the third alcohol measurement around 22:5 on the same day; refusal of the fourth alcohol measurement around 23:00 on the same day; and refusal of the fourth alcohol measurement on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. The application of Acts and subordinate statutes concerning the notification of the results of drinking control, the report on the state of drinking, and the data reported to the department of reporting 112;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

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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