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(영문) 서울중앙지방법원 2020.04.29 2020고정301

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 3.5 million won.

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

Reasons

Punishment of the crime

On November 13, 2019, at around 20:20, the Defendant: (a) was under the influence of alcohol on the front of Seocho-gu Seoul, Seocho-gu, Seoul; (b) was driving a cub cub cub cub cub cub cub cub cub cub cub cub cubs; (c) there are reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as smelling from E to the police box belonging to the Seoul Coast Guard, who was dispatched to the site after receiving 112 reports, and making it possible to recognize that he was driving a motor vehicle under the influence of alcohol, such as smelling, making the cub cub cub cub cub cub cub cub cubs on the face, etc. on the same day, around 21:10, around

Accordingly, the defendant did not comply with a police officer's request for a drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of the Investigation Report (No. 24) Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334(1) of the Criminal Procedure Act applicable to the provisional payment order is sixty-four years of age, and the defendant seems to have been in a social life with no previous conviction until now, and the vehicle has been sold, and the possibility of recidivism is deemed to be significantly low in light of the defendant's age, character and conduct, environment, career, etc., and the punishment as ordered shall be determined by taking into account the following factors: (a) the confession of the crime of this case and the fact