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(영문) 광주지방법원 2020.10.15 2020고단4113

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 November 29, 2011, the Defendant was issued a summary order of KRW 2 million by the Gwangju District Court due to a crime of violation of the Road Traffic Act.

On July 10, 2020, at around 04:40, the Defendant was demanded to comply with a drinking test by inserting it into a drinking measuring instrument three-lane from around 05:07 to 05:17 on the same day, while driving a vehicle from approximately 3km in the 3km section of the pressure zone in Gangnam-gu, Seoul to the front road in front of the same Gu, on three-lanes, among the four-lanes of the four-lanes, and “the Defendant is suspected of driving under the influence of alcohol.” The Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument in total three times from around 05:07 to around 05:17 on the same day.

Nevertheless, the defendant was unable to take a drinking test in a way that does not fully put the part of the defendant, and failed to comply with a police officer's request 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. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A video CD rejected for measurement;

1. Previous record: Application of a reply to inquiry, such as criminal records, investigation report (Attachment to a summary order of the same kind of power);

1. Article 148-2 (1), and Article 44 (1) and (2) of the Road Traffic Act applicable to 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order is that the defendant fails to comply with a police officer's request for a drinking test without any justifiable reason, the defendant has a record of punishment once for drinking driving, and the defendant's mistake.