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(영문) 인천지방법원 2020.11.04 2020고단6373

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[Criminal Power] On December 10, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 11, 2020, the Defendant, at around 17:48, in Seo-gu, Incheon, Seo-gu, Incheon, “The Defendant stopped the Defendant to drink and drive the alcohol.” The Defendant, upon receiving a report from 112, refused measurement without justifiable grounds despite a reasonable ground to suspect that the Defendant was driving under the influence of alcohol, such as drinking and smelling, inaccurate, and drinking, from E by the superintendent of the police station belonging to the D Zone, who was called up after receiving the report, and making an incorrect and explicit statement that the Defendant was driving under the influence of alcohol, and accordingly, requested the police officer to comply with the alcohol measurement four times by no later than 18:17 of the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of the host driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (a confirmation of the same type of power and attachment of summary orders) including criminal records, etc.;

1. Relevant provisions of the Act on Criminal Facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act, the selection of fines (to take into account the details and circumstances of the crime of this case, the process of detection thereof, and the fact that there is no previous conviction exceeding the fine);

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;