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(영문) 서울중앙지방법원 2021.03.18 2020고단7040

도로교통법위반(음주측정거부)등

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 history] On March 25, 2019, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (driving in Drinking) in support of the Sungnam branch of Suwon Friwon.

[Criminal facts]

1. The Defendant is a person engaging in driving of a benz vehicle B in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents;

On June 10, 2020, the defendant driving the above vehicle around 06:10 on June 10, 202, and turn to the left from D side to E.

In such cases, a person engaged in driving service has a duty of care to prevent accidents by accurately manipulating the surrounding traffic situation and accurately manipulating the steering direction, brakes, etc.

Nevertheless, the Defendant neglected to do so and did not turn to the left at the left side of the Defendant’s vehicle by negligence, and instead did so, received the front part of the Defendant’s vehicle of G Pool, G Pool, G Pool, which driven by the Defendant’s driver, from the front part of the Defendant’s vehicle.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of medical treatment due to occupational negligence.

2. On June 10, 2020, the Defendant was driving a vehicle under the influence of alcohol, such as drinking alcohol, snicking, red, and snow snowing, etc., on the part of the police box of the Gangnam-gu Police Station, which called the Defendant after receiving a report of 112 that he was drinking on the road near Gangnam-gu Seoul, Seoul, while drinking the alcohol on the road.

There are reasonable grounds to determine a person, which was demanded from 06:40 to 06:59 to respond to the measurement of alcohol by inserting the whole in a drinking measuring instrument four times.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Accordingly, the defendant is prohibited from driving alcohol.