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(영문) 서울동부지방법원 2017.07.21 2017고정542
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 28, 2016, around 19:30 on December 28, 2016, the Defendant: (a) was reported at the emergency vehicle in front of the emergency vehicle of the E hospital located in Gangdong-gu Seoul Metropolitan Government, and at the stopping place, driving a vehicle with approximately 1m of the FF load drive; and (b) was called by 112 persons, other than H et al. in the G global service, and was under the influence of alcohol on the ground of red, etc.

Due to reasonable grounds, I was required to respond to the alcohol testing by inserting the breath of 20:16 first, around 20:26, around 20:36, around 20:36, around 20:46, around 30 minutes, in a manner of inserting the breath of a drinking measuring instrument.

Nevertheless, the Defendant did not drive a drinking, and the Defendant did not comply with a police officer’s request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to the prosecutor by the J;

1. A report on the circumstances of the driver's license in charge and an explanatory note;

1. Photographss of refusing to measure drinking, and photographs of parked vehicles;

1. Application of the Acts and subordinate statutes to CCTV CDs and CCTV images-cape photographs;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 53 and Article 55(1)6 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201) (see, 20

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment was that the defendant did not drive the vehicle even though he was driven.

Although there is no reason to believe that the Defendant was punished for the same crime between 13 and 2004, the location where the Defendant driven the vehicle is an emergency vehicle, and the driving distance is short, it can be considered in light of the circumstances that led to the Defendant’s instant crime.

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