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(영문) 서울중앙지방법원 2013.07.17 2013고정2017
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to a suspended sentence of two years and six months in Seoul Western District Court, which was sentenced to a suspended sentence of four years and six months, for the crime of rape and injury, and the judgment became final and conclusive on February 28, 2013.

On January 30, 2013, at around 02:10, the Defendant stopped a road near the airport, Han River Station, as the Olympic Games 13-8 of the Nowon-gu Seoul Metropolitan Government No. 13-8, under the influence of blood alcohol concentration, while driving a Rati car while driving the BRati car with a vehicle line.

As there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling in the Defendant’s entrance in the entrance of the Seoul Dongjak Police Station Assistant C, the Defendant did not comply with a police officer’s demand for measurement of drinking alcohol for about 47 minutes, without justifiable grounds, even though he/she was requested to take a drinking test for about 47 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Previous convictions: Court rulings and application of Acts and subordinate statutes of case search;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;

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