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(영문) 서울중앙지방법원 2014.07.02 2014고정2392
도로교통법위반(음주측정거부)
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Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On June 12, 2014, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution at the Seoul Central District Court for a violation of the Pharmaceutical Affairs Act, and the said judgment became final and conclusive on June 20, 2014.

On December 23, 2013, at around 23:40, the Defendant was required to comply with a drinking test by inserting alcohol measuring instruments for 30 minutes from around December 23, 2013 to around 684-85, Yongsan-gu, Seoul, Yongsan-gu, Seoul, Police Station, and Police Officer at the Safety Department, who was under the influence of alcohol while driving alcohol while drinking alcohol on the roads near the Yongsan-gu Seoul, Yongsan-gu, Seoul, to the 684-85-dong, Yongsan-gu, Yongsan-gu, Seoul, and to respond to a drinking test by inserting alcohol measuring instruments for 30 minutes from around December 23, 2013 to around 0:17.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written report from an employee of an employer;

1. Previous convictions in judgment: Investigation report (a copy, etc. of the written judgment); investigation report (a copy, etc. of the written judgment); report on the result of confirmation;

1. Relevant Article of the Act and Article 148-2 (1) 2 of the Road Traffic Act and the selection of fines concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Although there are circumstances that could have been tried with the previous conviction on the grounds of sentencing under Articles 70 and 69(2) of the Criminal Act, considering the Defendant’s circumstances after committing the crime, and the statutory penalty under the pertinent provision of the Act, it does not seem that the amount of fine for the summary order is larger.

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