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(영문) 서울동부지방법원 2018.02.13 2018고정49
도로교통법위반(음주측정거부)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 25, 2017, at around 21:10, the Defendant driven under the influence of alcohol by the Defendant, who was reported by the Defendant to drive a bicycle for D SV 124cc engine device while drinking alcohol at the Seongdong-gu Seoul Police Station C box located in Seongdong-gu Seoul Police Station, Seongdong-gu, Seoul, on September 25, 2017.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the defendant refused a continuous request for a measurement of drinking, and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of the Acts and subordinate statutes in writing of a witness of G and a written record of crackdown;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. It does not seem that the amount of fine prescribed in the summary order is excessive even considering the sentencing conditions shown in the public trial of this case, such as: (a) there is no history of criminal punishment against the defendant for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; and (b) the maximum of the statutory penalty under Article 148-2(1)2 of the Road Traffic Act is the cause of a fine of five million won, etc.

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