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(영문) 서울중앙지방법원 2020.05.08 2020고정573
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, at around 01:44 on January 23, 2020, driven a B-to-purd passenger car while drinking alcohol, and proceeds about 1.4 km from the D principal meeting in Dongjak-gu Seoul Metropolitan Government to the same e-house.

In the front part of the above vehicle's front pentel caused a shocking accident of steel stacks installed in an apartment parking lot, and there are reasonable grounds to recognize that the above vehicle driven and driven alcohol by drinking, such as the face of red snacking, smelling, and subdividing the state of speech and behavior, etc., G in the F Zone belonging to the Seoul Dongjak Police Station is not in compliance with a police officer's demand for a drinking test without justifiable grounds, even though the G in the process of the F Zone belonging to the Seoul Dongjak Police Station was demanded to take a drinking test by inserting about 17 minutes against the defendant during the fourth period of 17 minutes (round 1:02:43, around 2:48, around 3:02:53, around 4:02:0, around 4:03:00, around 4:00:

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of control manual, each investigation report, and CCTV video-related 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences: Fines of 5,000,000 to 20,000; and

2. Determination of sentence: Determination of sentence of a fine of KRW 6,00,000, taking full account of the sentencing conditions shown in the trial process of this case, such as the Defendant’s age, character and conduct, family relationship, home environment, motive and means of a crime, and the circumstances after a crime, the sentence shall be determined as ordered.

The defendant reflects the crime of this case.

There is no criminal history for the defendant.

The state of health of the mother and child who must support is not good.

Unfavorable circumstances:

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