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(영문) 서울중앙지방법원 2020.04.29 2019고단8799
도로교통법위반(음주측정거부)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

1. On November 15, 2019, at around 01:05, the Defendant driven a marina car from the Seoul Gangnam-gu parking lot to the D convenience store located in Seocho-gu Seoul Metropolitan Government 1.3km from the Gangnam-gu parking lot to the D convenience store.

The Defendant refused to take a drinking test without justifiable grounds, even though he/she was requested to take a drinking test by inserting it into a drinking measuring instrument three times in total on November 15, 2019, around 01:37 on the same day, around 01:43 on the same day, around 01:51 on the same day, and around 01:51 on the same day, on the following grounds: (a) there are reasonable grounds to recognize that the Defendant was driving a drinking, such as drinking alcohol reduction to Gman on the F patrol box of the Seocho Police Station Gman, who was called up after having received 112 report (no. 051); and (b) there is no reason to believe that he/she was driving a drinking.

2. On November 15, 2019, at around 01:05, the Defendant driven a marina car without a driver’s license in the 1.3km section from the Gangnam-gu Seoul parking lot to the front of the D convenience store in Seocho-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of each CD-related statute

1. Article 148-2 (2), Articles 44 (2), 152 (1) and 43 of the Road Traffic Act, the choice of fines concerning the relevant criminal facts, the choice of punishment, and Articles 148-2 (2), 44 (2), and 152 of the same Act;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is to be determined as ordered in consideration of the following: (a) there is no previous conviction other than the previous conviction on the ground of sentencing; (b) there is low possibility of re-offending by selling a vehicle; and (c) the confession of the instant crime and reflect in depth.

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