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(영문) 광주지방법원 2020.12.24 2020고단5548

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 23, 2017, the Defendant was issued a summary order of KRW 3 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On October 1, 2020, at around 01:15, the Defendant was required to respond to a drinking test by inserting the vehicle suspected of drinking in front of Gwangju-gu, Gwangju-gu, at the direction of D from the front to the direction of D entrance, and did not comply with a police officer’s request for a drinking test without justifiable grounds, even though he was required to respond to a drinking test by inserting the vehicle in front of Gwangju-gu, Gwangju-gu, for about three minutes from around 01:26 to around 02:00 on the same day, the Defendant was so informed that the Defendant was able to recognize that he was driven under the influence of alcohol, such as smelling, smelling, snicking, snicking, and pressinging from F to F of the Police Station of Gwangju-dong Police Station:

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

Summary of Evidence

1. Investigation report of the defendant's legal statement (report on the circumstances of the driver);

1. Each internal investigation report (the details of the dispatch to the site and the details of the refusal to measure drinking);

1. Notification of the result of crackdown on drinking driving;

1. CCTV outputs that a suspect drives prior to the detection of a drunk driving, and CCTV images CDs until the drunk driving video is discovered;

1. Criminal records as indicated in the judgment: Application of criminal records, etc. and investigation reports (verification of sound driving records)-related Acts and subordinate statutes;

1. Relevant Articles 148-2(1) and 44(2) and (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020 and enforced on December 10, 2020), the choice of a fine, and the selection of a fine for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment has a record of being punished for the crime of violating the Road Traffic Act, but it has not been long thereafter, and thus, the defendant again committed the crime of this case.