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(영문) 서울중앙지방법원 2018.12.19 2018고정2346

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a motor vehicle B.

around 03:53 on September 7, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, drinking alcohol, and drinking heavy snow on two police boxes of Gangnam Police Station C, a police officer affiliated with the police box of Gangnam Police Station C, who was called out after receiving a report of 112 while driving the motor vehicle at approximately 30 meters from the 239-6 area, Gangnam-gu, Seoul to the 245 area, Gangnam-gu, Gangnam-gu, Seoul.

Due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting three times the influence of alcohol, such as around 03:43, 03:48, 03:53 on the same day.

Nevertheless, the defendant refused to take a drinking test and failed to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Application of enforcement manual statutes;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act are recognized and reflected in the crime, the driving of drinking alcohol has no particular criminal record except for the punishment of a fine of KRW 1.5 million in 2002, and the Defendant drives a vehicle at a 30-meter distance while he was represented by a driver, and other conditions of sentencing are comprehensively taken into account.