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(영문) 서울동부지방법원 2014.10.30 2014고단2821
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 20, 2007, the defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Seoul East Eastern District Court. On May 16, 2008, the same court issued a fine of KRW 1 million for a violation of the Road Traffic Act (driving). On January 16, 2009, the same court issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 16, 2014, around 04:30 on August 16, 2014, the Defendant: (a) moved to a house after receiving a recommendation for returning home from a police officer belonging to the Seoul Gangseo Police Station C District, called the Defendant’s house located in Gangdong-gu Seoul, to a place where the Defendant was parked on the road; (b) he was aware that the Defendant’s D SPke car parked on the road above was not placed at the place where the Defendant was parked, and was parked around 10 meters in driving and parked near the place where the Defendant was parked.

After the Defendant parked the vehicle on the same day, the Defendant moved the vehicle to the scene at the same time on the same day at 05:00, while leaving the camping room in the vehicle, and leaving the front part of the Defendant’s vehicle at several times, etc., and sent the disturbance to the scene after receiving a report by the police officers E, etc. belonging to the Seoul Gangseo Police Station C District of Seoul Gangseo Police Station.

The above security guards, E, etc. heard the witness's statement that the defendant was suffering from disturbance after moving or parking the vehicle, and determined that there was a circumstance to deem that the defendant driven the vehicle while drinking, such as smelling in the defendant's entrance, drinking a snick, drinking a snick, and drinking, etc., and requested the Seoul Gangseo-dong Police Station to send it to the traffic safety department and the traffic safety department of the Seoul Gangseo Police Station to take a drinking test. Although the defendant called the scene of the traffic safety department and the situation F under the jurisdiction of the Seoul Gangseo Police Station and demanded the Defendant to take a drinking test

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