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(영문) 서울남부지방법원 2013.06.27 2013고합155
도로교통법위반(음주측정거부)
Text

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

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

Reasons

Punishment of the crime

At around 06:05 on June 3, 2012, the Defendant driven C truck, and around 06:05 on the road of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, the Seoul Geumcheon Police Station D District E, who was under the jurisdiction of the Seoul Geumcheon Police Station, was under the suspicion of drunk driving.

On the same day, the Defendant: (a) there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as fluoring off the questions of slopeF belonging to the same police station; (b) fluoring off the face and snow snicking and smelling, etc. at the same police station; and (c) on the same day, the Defendant demanded the Defendant to take a drinking test three times from 06:19 to 06:46 on the same day; (d) however, the Defendant did not comply with the said demand without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of investigation report, report on the state of drinking drivers, report on the state of drinking drivers, report on the results of the regulation of drinking driving, control details, and report on the state of drinking alcohol measurement; and

1. Application of the video CD-related Acts and subordinate statutes attached to an investigation report (dynamic image);

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 to attract a workhouse;

1. The crime of this case committed by the defendant of this case in the sentencing of Article 334(1) of the Criminal Procedure Act [the scope of the applicable sentences] 5 million won to 10 million won to 5 million won to 10 million won to 10 million won to 1,000 won to 1,000 won to 1,000 won to 1,000 won to 200,000 won to refuse to take a drinking test by a police officer who was so reported and dispatched after receiving a report without any justifiable reason. The refusal to take a drinking level is more severe than the case where it was discovered after a drunk driving and then discovered to respond to the measurement after drinking, and the defendant is punished more severe than the case where it was found to have been discovered to respond to the measurement after drinking,

This case is a fine of five million won issued to the defendant.

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