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(영문) 서울중앙지방법원 2020.06.24 2020고정649
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

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her defense right, the facts charged are recognized as criminal facts.

around 03:50 on January 12, 2020, the Defendant driven C K7 car while under the influence of alcohol concentration at approximately 1km of the front road of Gangnam-gu Seoul, Seoul.

When drinking reaction was reduced in the test conducted by the police officer E at the police box of the Seoul Gangnam Police Station, which was under his jurisdiction, during the patrol, the Defendant was demanded to respond to the drinking test by inserting the whole breath of drinking in three times from E to 04:12 on the same day.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving;

1. Control note;

1. Control photographs of the skin vehicle;

1. Videos rejecting a suspect’s measurement, CDs arrested in the act of committing the crime, and black and video CDs of the vehicles at the time of arrest;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (2) and 44 (2) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] The sentence of a fine of KRW 5,00,000 from 20,000 to 200,000 (the decision of sentencing] The defendant acknowledges and reflects his mistake according to his own name, and there is a favorable circumstance for the defendant, such as the fact that a foreigner is a first offender who has no record of criminal punishment in Korea, but has no record of criminal punishment in Korea. On the other hand, the defendant, while driving in one-way, escaped in a short section to avoid the police officer's inspection, and in the process, the defendant escaped from the short section to avoid the police officer's inspection. In addition, there is a significant attitude of refusing to take a drinking test.

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