logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.10 2016고정1843
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 29, 2016, the Defendant: (a) driven a DNA car at the intersection of 753 minutes, Seocho-gu, Seoul, Seocho-gu, Seocho-gu, Seoul, with the influence of alcohol on March 29, 2016; (b) concealed the border seat at the subway station where the Defendant stopped while driving the car at the direction of the subway station in the direction of the subway going to the left at a sand level; and (c) cut alcohol at the drinking level conducted by the driver of the relevant police station E and from around 04:41 to around 05:13 on the same day, it is obvious that the alcohol is 22 minutes of the charge of approximately 32 minutes written in the calculation, since it is a clerical error in the calculation.

During the four times in total, F was required to respond to the drinking measurement by inserting the breath of alcohol in a manner of inserting the breath of alcohol measuring instrument.

Nevertheless, the Defendant refused to put in a drinking measuring instrument, or failed to comply with a police officer’s demand for alcohol testing without justifiable grounds by evading it by promptly inserting the laver or inserting the laver in a short manner.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A traffic accident report, report on the occurrence of a traffic accident, and report on the detection of a primary driver;

1. Video photographs which have refused to measure drinking;

1. Video CDs for which measurement is refused;

1. Application of Acts and subordinate statutes to investigation reports (as to refusal to measure drinking);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) (excluding punishment) 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 of the Provisional Payment Order [Article 334(1) of the Criminal Procedure Act provides that when according to each evidence of the judgment, the defendant continued to operate a vehicle without taking any measures to see the seat of the boundary while driving the vehicle and making a left-hand turn, and has suspended the operation at the due demand of the police officer who observed and predicted the vehicle, and the police officer is under the influence of alcohol by taking into account such objective circumstances as the appearance, attitude, driving behavior, and training reaction by drinking reduction.

arrow