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(영문) 수원지방법원 성남지원 2020.01.10 2019고단2767

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On October 15, 2019, at around 23:30, the Defendant was required to respond to a drinking test by inserting a drinking measuring instrument for about 10 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking, smelling, photographing, and in an inaccurate manner, while driving a motor vehicle at the seat of the Do government department, resulting in an accident involving parking lot columns while driving a motor vehicle at the right time, and driving the motor vehicle at the scene of the accident at the time of the accident.

Nevertheless, the Defendant did not comply with a police officer’s request for measurement of drinking without justifiable grounds, such as refusal of the first alcohol testing at around 23:48, refusal of the second alcohol testing at around 23:53, and refusal of the third alcohol testing at around 23:58.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A report on investigation;

1. Notification to a department related to reporting 112 cases;

1. Application of Acts and subordinate statutes to on-site photographs and the like;

1. Relevant provisions of Article 148-2 (2) and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;