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(영문) 서울중앙지방법원 2020.06.11 2020고단1335
도로교통법위반(음주측정거부)
Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On February 2, 2015, the Defendant received a summary order of KRW 4 million from the Seoul Central District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

At around 09:00 on December 25, 2019, the Defendant: (a) driven a Cchier car in front of Gangnam-gu Seoul, Seoul, and was parked at the entrance of the parking lot while entering the said apartment parking lot; (b) was infinite and infinite; (c) was controlled by E in the circumstances where the D district unit was dispatched upon receipt of a report; (d) there was reasonable ground to recognize the Defendant as driving under the influence of alcohol, such as smelling, smelling, and raising red on the face, etc., for about 20 minutes, the Defendant was demanded to comply with the alcohol measurement by inserting the whole infinite for three minutes.

Nevertheless, the Defendant refused, and did not comply with a police officer’s request for measurement of drinking without a justifiable reason, by avoiding the method of not complying with the attempt to put the breath of drinking in a breathr.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the control of drinking driving;

1. Video CDs;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes of one copy of a summary order;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant, even though he/she had a record of being punished for a drunk driving on the occasion of around 2015, refused to take a alcohol test by a police officer after driving while under the influence of alcohol, and the defendant's liability for the crime is not easy.

In addition, in the process of refusing to take a alcohol test, the defendant commits the act of marching with the police officer while taking a bath and speaking against the police officer, etc.

(b).

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