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(영문) 대전지방법원홍성지원 2020.09.23 2020고단653

도로교통법위반(음주측정거부)

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On December 5, 2011, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's Support for the Crime of Violation of the Road Traffic Act.

On June 15, 2020, around 17:50 on June 17:5, 2020, the Defendant was required to take a drinking test on three occasions more than 11 minutes, on the grounds that there are reasonable grounds to suspect that he had driven alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, and drinking alcohol, and drinking alcohol, on three occasions, on the following grounds: (a) the Defendant was required to take a drinking test at a 200-meter level from the main station located in Chungcheongnam-gun Budget Group B to the “D Association” in the front route of the “D Association” located in C; (b) while driving the Ebbr under the influence of alcohol, he was reported by the person who driven the alcohol and was in traffic accident; and (c) the Defendant did not comply with the above police officer’s demand for a drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Report on the occurrence of legal statements by defendants;

1. Notification of the result of crackdown on drinking driving;

1. Investigation report on circumstantial statements of a host driver;

1. Previous convictions: Criminal records, confirmation of criminal records of the same kind, and application of summary order attached thereto;

1. Relevant Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act, the choice of a fine concerning criminal facts, and the choice of a fine;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had the record of serving several times as a crime of drunk driving in the past. As such, the nature of the instant crime is not good.

However, in full view of the facts leading up to the defendant's mistake, the degree and frequency of the crime of this case, the recovery and frequency of the punishment due to drinking driving, the age, character and health conditions of the defendant, etc., the punishment shall be determined as per the order.