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(영문) 인천지방법원 부천지원 2016.02.02 2015고단3337

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On November 24, 2015, the Defendant driven a e-line car on the front side of the Nowon-gu Seoul Special Metropolitan City Police Station in the direction of drinking on November 24, 2015, while driving the e-line car in the influence of alcohol, and driving it under the influence of alcohol, such as the Defendant’s e-line, e-line, and snow shock.

There is a reasonable reason to determine a seal, and it was demanded three times to respond to the measurement of drinking by inserting approximately 22 minutes in a drinking measuring instrument.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing in a manner that does not enter the breath measuring instrument, without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, report on the detection of a driver at home, and register of the use of a measuring instrument for drinking;

1. 블랙 박스 영상 켑 쳐 사진 법령의 적용

1. Article 148-2 of the Road Traffic Act and Articles 148-2 and 44 (2) of the same Act concerning the facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. In light of the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act, the sentencing of the instant crime is inappropriate, the Defendant’s confession of the instant crime and reflects against the Defendant, the Defendant’s occupation appears to make it impossible for the Defendant to perform his/her duties if he/she is sentenced to imprisonment without prison labor or heavier punishment due to the Defendant’s occupation, and other conditions of sentencing, including the Defendant’s age, sexual conduct, and circumstances leading to the instant crime, etc., are comprehensively considered.