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(영문) 대전지방법원 2020.04.17 2020고정176

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

Around 00:49 on November 13, 2019, the Defendant was driving a C rocketing car in a drunken state from the Shin-dong to the Class-B apartment, the Defendant’s residence, and received a 112 report to the effect that “A Pacific car was driven by a boom-dong, the Defendant, while driving the C rocketing car in a drunken state, and was able to be recognized as driving under the influence of alcohol, such as drinking by the Defendant’s drinking-free by drinking-free, etc., and was demanded from the police officer affiliated with the Sejong Police Station D District Unit of the Sejong Police Station, which was called, to respond to a drinking test by inserting the drinking-free measuring instrument for about 15 minutes.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하다가 측정에 응하지 않겠다는 거부의사를 명확하게 밝히는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver and refusal to measure drinking), and 112 report management table;

1. The ledger on the use of sobling measuring instruments, the ledger on vehicle inquiry, and the ledger of driver's licenses;

1. Application of statutes on field photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection 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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Summary order and prosecution’s opinion: Fine of 12,000,000 won; and

2. Determination of sentence: The criminal act of this case in the amount of a fine of KRW 10,00,000 is heavy in light of the following facts: the criminal defendant's failure to comply with the measurement of drinking without any justifiable reason; the risk and harmful effects of drinking driving are heavy; and the act of refusing to take a drinking test requires strict punishment to avoid punishment due to drinking driving.

However, the defendant's mistake has been pened in depth, and the accident has occurred.