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(영문) 서울중앙지방법원 2018.04.06 2017고단6342
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 9, 2017, at around 04:26, the Defendant driven a D-tem motor vehicle with drinking alcohol in the underground parking lot of Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, and was driven under the influence of alcohol by the Defendant, such as drinking alcohol to the Defendant and snicking on the face of the Defendant, from a policeman affiliated with the Seoul Gwanak-gu Police Station E-gu, Seoul, who was called upon upon receipt of a report.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting four times in a so-called so-called drinking measuring instrument four times between 36 minutes.

Nevertheless, the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. A witness G’s statutory statement was aware that the police officer’s demand for drinking alcohol measurement was a aware of the fact.

Recognized.

1. Application of the video-related Acts and subordinate statutes to a person under influence, driving of alcohol or non-measurement;

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 53 and Article 55 (1) 6 of the Criminal Act (see, e.g., circumstances of occurrence of a case, criminal records, etc.);

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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