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(영문) 서울중앙지방법원 2014.12.12 2014고단7053

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 9, 2014, at around 00:30, the Defendant: (a) while driving a D golf car owned by the Defendant on the front of the C cafeteria located in Yongsan-gu Seoul Metropolitan City, brought about an accident for shocking the car of the EF benz owned by the Defendant; (b) the Defendant saw the h of the police box sent to the site after the occurrence of an accident for shocking the car of the EF benz in its possession; (c) was drunk by the h of the police box affiliated with the G police box dispatched to the site; and (d) was demanded to comply with the alcohol measurement by making the breath of approximately 30 minutes of the face while he was asked to comply with the request for the measurement of alcohol by a police officer without good cause.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

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

1. Selection of a fine for punishment (the fact that there exists the history of punishment for the same type of crime, but there is no previous conviction or heavier than the suspension of execution, the fact that social relationship is evident, and the fact that it is said that the same crime will not be repeated when a confession of the fact of crime is made; other various sentencing conditions specified in the trial process, such as the age, character and conduct, family relationship, economic situation, result of the crime, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.