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(영문) 서울동부지방법원 2013.03.27 2013고단227
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 13, 2013, at around 01:02, the Defendant: (a) was parked on the road while driving Cone Star car at front of 464-40, Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) the Defendant was parked on the side of the road.

At the above location, the Defendant was discovered to a police officer who was dispatched to the site after being reported that he was sitting in a driver's seat with the start of the said Lone Star car, and was found to have been drunk as a result of the inspection of a slope E drinking at the Seoul Sungdong Police Station, and there was a considerable reason to recognize the Defendant as driving under the influence of alcohol, such as smelling, inaculing, inacceing, and the walking condition in an incorrect distance, and thus, was demanded by the above police station to comply with the alcohol test from the slopeF belonging to the above police station.

Nevertheless, the defendant did not comply with the above drinking test for about 30 minutes.

Summary of Evidence

1. Defendant's legal statement;

1. A statement made to supplement the occurrence of G traffic accidents;

1. Reports on traffic accidents, reports on occurrence of traffic accidents, and photographs;

1. Application of Acts and subordinate statutes to report internal investigation (a case against refusal to measure alcoholic beverages);

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (Selection of Fine) that choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the Defendant was punished by a fine of one million won for a violation of the Road Traffic Act at the Seoul Eastern District Court on June 9, 2011, but the Defendant again committed the instant crime, which is the same kind of crime, is disadvantageous to the Defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant repents his mistake in depth, there is no other criminal record except for the previous conviction of the above fine, and that the defendant disposes of the vehicle that he operated as a means of not driving under the influence of alcohol again.

The Defendant’s age and age in the above circumstances.

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