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(영문) 수원지방법원여주지원 2020.12.08 2020고단1163

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 28, 2020, the Defendant: (a) while driving DK5 cars on the front of “C” located in DK on the innju-si B, the Defendant was exposed to the slope F, G, G, G assistant H, or police officer belonging to the E Zone Unit of the Female Police Station called up after receiving a notification of 112 suspicion of drunk driving.

The Defendant was required to comply with a drinking test by inserting four times from the above slopeF, etc., on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as red, smelling, and a stoke distance.

Nevertheless, the Defendant, without any justifiable reason, refused to put the whole in a drinking measuring instrument, and failed to comply with the police officer’s request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, investigation report (report on the situation of a drinking driver), inquiry into the results of the drinking driving control, and the application of CD image-related Acts and subordinate statutes;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, even though the Defendant was punished for drunk driving, is again committed the instant crime. As such, the possibility of criticism and social risks are high, the Defendant is against the Defendant’s confession of the instant crime, and other factors such as the Defendant’s age, character and conduct, environment, motive for the crime, circumstances after the crime, and criminal record and relationship as indicated in the records and arguments of the instant case, shall be comprehensively considered and determined as the order.