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(영문) 대전지방법원 서산지원 2020.01.28 2019고단1027

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

[Criminal Power] On March 21, 2016, the Defendant received a summary order of KRW 5 million from the Seosan Branch of the Daejeon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 6, 2019, at around 00:47, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument over several occasions, on the road in front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, where the Defendant was reported and received 112 that the Defendant was suspected of driving under the influence of alcohol, and received the above report from the Defendant, and the Defendant was required to comply with the police officer’s request for a drinking test without justifiable grounds.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control of drinking driving;

1. A copy of the register of drinking meters; and

1. A report on internal investigation (the circumstances of running sound driving, etc.);

1. A detailed statement of 112 reported cases processing;

1. Video CDs for which a drinking alcohol measurement is refused;

1. On-site photographs;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, the previous records and results reports, and the application of Acts and subordinate statutes of a summary order;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant, in spite of his/her past record of being sentenced to a fine once due to drinking driving as stated in its reasoning, driving at drinking again, and failing to comply with a police officer's request for alcohol testing without justifiable grounds, the defendant'

However, the fact that the defendant recognized the mistake and reflects it, there is no other punishment force except for the above previous conviction, disposal of the driven vehicle and not re-offending it, and it does not reach the traffic accident.