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(영문) 서울중앙지방법원 2015.05.20 2014고정5728
도로교통법위반(음주측정거부)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around November 11, 2012, the Defendant violated the Road Traffic Act (free license) driving of C Ecubed Vehicle from unclaimed land to the roads of 637-1, Gangnam-gu, Seoul, without a driver’s license on November 11, 2012.

2. Around November 11, 2012, the Defendant violated the Road Traffic Act (refluence of the measurement) (hereinafter “A”), around November 11, 2012, the police officer D, E, and F sent to the Defendant, who was reported that a vehicle was stopped on three-lanes, in the state that the weather on the three-lane road in Gangnam-gu Seoul, Gangnam-gu Seoul Special Metropolitan City was set up as D “D”).

At the time, there are reasonable grounds to suspect that the Defendant was drinking and driving the said vehicle, such as smelling in the Defendant’s entrance, walking is in the state of secret distance, and the face is reding, and thus, the Defendant did not comply with the request for the measurement of drinking on three occasions from the above police officers from November 11, 2012 to December 22, 2012.

Summary of Evidence

1. A criminal investigation report (in telephone with a reporter), a detailed statement of control (in pages 3 and 9 of investigation records), a report on detection of a host driver, and a report on circumstantial statements;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure alcoholic beverages), subparagraph 1 of Article 152, and Article 43 (a point of driving without Driver's License) of the Road Traffic Act, the choice of fines, and the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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