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(영문) 광주지방법원순천지원 2020.12.16 2020고단2377

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

On October 27, 2008, the defendant was issued a summary order of 1.5 million won for the violation of the Road Traffic Act in the Gwangju District Court's net order support on October 27, 2008.

On August 15, 2020, at around 23:49, the Defendant was required to comply with the drinking test by inserting one vehicle into a drinking measuring instrument at intervals of five minutes at intervals of five minutes, for the following reasons: (a) there is a reasonable ground to recognize that the Defendant driven a EX car while under the influence of alcohol, such as smelling the Defendant, sniffing it, and walking the e-ray in a breathous state with the snow, and driving the EX car, at intervals of five minutes, by inserting it into a drinking measuring instrument at intervals of three minutes.

Nevertheless, the Defendant failed to properly put in the drinking-free measuring instruments so that the Defendant violated Article 44 (1) or (2) of the Road Traffic Act by failing to comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act of the choice of punishment, the selection of fines (see, e.g., Supreme Court Decision 2008Do1448, Jan. 2, 2008; Supreme Court Decision 2008Do1

1. Articles 70 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;