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(영문) 서울남부지방법원 2013.10.01 2013고정2636

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol around 23:00 on June 8, 2013, driven the said vehicle at approximately 30 meters at the front of the 145 becian conference, a place for control, starting from the entrance of the Guro-gu Seoul Metropolitan City Guro-gu market.

On June 8, 2013, when there was a reasonable ground to recognize that the Defendant driven a drinking alcohol, such as snicking, smelling, and failing to walk properly at the time, the Defendant was required to take a drinking alcohol test three times at intervals of at least ten minutes from the control police officer in the Guro-gu Seoul Guro Police Station at intervals of at least 10 minutes, but refused to take a drinking alcohol test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the user register of a drinking-free driver, a circumstantial statement and a drinking-free measuring instrument;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

2. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (the fact that the defendant has no previous record in the same kind of crime, the confession and reflect on the crime, and other consideration such as family relationship, actual status of the defendant, living environment, etc.);

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

4. Article 334 (1) of the Criminal Procedure Act.