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(영문) 서울동부지방법원 2020.08.12 2020고단1669

도로교통법위반(음주측정거부)등

Text

Defendant shall be punished by imprisonment for two years and by a fine of 300,000 won.

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

Reasons

Punishment of the crime

1. On November 26, 2008, the Defendant received a summary order of KRW 3 million due to a violation of the Road Traffic Act (Refusal of measurement) from the Suwon District Court's Ansan Branch as a result of the crime of violation of the Road Traffic Act (Refusal of measurement) in the case of violation of the Road Traffic Act.

피고인은 2020. 2. 18. 02:20경 서울 송파구 B 앞 도로에서 술을 마신 상태에서 C 체어맨 승용차를 운전하던 중, 서울송파경찰서 소속 경위 D으로부터 피고인에게서 술 냄새가 나고, 얼굴에 홍조를 띠며, 눈이 빨갛게 충혈되어 있는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 15분 간 총 4회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았다.

Nevertheless, the defendant did not comply with the request for a alcohol test by a police officer without any justifiable reason by avoiding such acts, such as hinginginging.

Accordingly, the defendant violated the prohibition of refusal of drinking alcohol measurement more than twice.

The part of the facts charged was revised to the extent that it does not materially disadvantage the defendant's defense right.

2. At around 04:59 on February 18, 2020, the Defendant damaged public goods, as Seoul, was arrested and detained in a flagrant offender for the same crime as described in paragraph (1), at the detention room of the 221 Seoul Songpa Police Station as in Songpa-gu, Songpa-gu, Seoul, the Defendant sent a bath to a large amount of hydrogen, installed the entrance as drinking, and accompanied by a correction device of the entrance of the vehicle by walking the entrance at a flood.

Accordingly, the defendant damaged the entrance entrance of the detention room to be suitable for the repair cost.

3. The Defendant, in violation of the Punishment of Minor Offenses Act, was arrested and taken into custody at the traffic investigation department office of the dispatching Police Station at the time and time set forth in paragraph (2), and was arrested and taken into custody of a flagrant offender for committing the same crime as set forth in paragraph (1), and expressed a great desire to the police officer, such as “A, E, E, E, E, E, E, E, E, I, who are aware that he was living in a chrony, and E, I, I, the police officer, with the knowledge that he was born.”