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(영문) 서울남부지방법원 2016.12.16 2016고정1498

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 May 15, 2014, the Defendant was sentenced to seven years of imprisonment at the Seoul High Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a minor, rape under thirteen years of age).

5. 23. The judgment became final and conclusive.

The defendant is a person who drives a vehicle B.

On July 5, 2012, at around 22:20, the Defendant driven the said vehicle under the influence of alcohol without alcohol concentration, and driven a volume of approximately 10 meters from the front of the route 514-44 of Dong-gu Seoul, Gangseo-gu, Seoul to the front of the same route 514-41 of the same Dong.

In order to measure the level of the defendant's drinking, the police officer's legitimate demand for the measurement of drinking is refused, such as the first and second of around 22:00 on the same day from C Assistant Inspector D of Seoul Gangseo Police Station, the second and second of around 2:10 on the same day, the third and fourth of around 2:10 on the same day, and the fourth and fourth of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of investigation records; and

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, Oct. 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;