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(영문) 서울동부지방법원 2015.11.12 2015고단2313
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 3, 2015, at around 22:16, the Defendant was in contact with the luminous fluence on the front side of the luminous fluence in Songpa-gu, Songpa-gu, Seoul, and there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as the face of police officers F belonging to Seoul Song Police Station E Zone E zone, red and smelling, etc., and did not comply with the demand for a drinking test from around 22:51 on the same day to about 30 minutes at the Seoul Song Police Station Traffic Investigation Office on the same day, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

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

1. Determination of a fine by taking into account the circumstances, such as the following: (a) the Defendant’s liability for the crime is not less severe in light of the background and content of the instant crime, and the Defendant was sentenced to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act at the Seoul Eastern District Court on March 11, 199; and (b) on April 11, 2014, the Seoul East Eastern District Court received a fine of KRW 4,00,000 as a crime of violating the Road Traffic Act; (c) the Defendant is against himself and is trying to cure military after alcohol dependence; (d) there is no record of criminal punishment other than each of the above criminal offenses; and (e) the Defendant suffers disadvantages from ex officio dismissal if he is sentenced to imprisonment without prison labor or heavier punishment; and

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 of the provisional payment order;

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