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(영문) 서울서부지방법원 2021.03.25 2020고단3545

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On July 4, 2007, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) by the Incheon District Court.

On August 1, 2020, at around 02:05, the Defendant: (a) driven by the Eunpyeong-gu Seoul Metropolitan Government on the road; (b) while driving a Cbenz motor vehicle while drinking alcohol, it was close to D, and (c) the Defendant reported the Defendant’s vehicle to play, and (d) the Defendant her stringed down on the floor.

After that, the Defendant was driving under the influence of alcohol, such as making the Defendant’s face red, and in an inaccurate manner, from the Defendant’s slope E of the Pyeongtaek Police Station and its affiliated slope F, called “the same shall apply to the occurrence of a traffic accident” after receiving a report of witness 112.

Although there are reasonable grounds to recognize it, it has been requested to respond to the measurement of drinking by inserting three times in a drinking measuring instrument for about 20 minutes, but it has not complied with the request without justifiable grounds.

Accordingly, the Defendant violated the prohibition of drinking or refusing to measure drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver in charge, inquiry of the results of crackdown on drinking driving, and confirmation of field video CDs;

1. Investigative reports (report on the situation of the driver in charge) screened at the scene of refusal to measure drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of the same criminal history);

1. Article 148-2(1), Article 44(1), and Article 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the selection of fines for criminal facts, and the selection of fines

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment [unfair circumstances] The refusal to measure drinking is a crime that interferes with the measurement of alcohol level per se, which is the core investigation procedure in determining whether to drive drinking, whether to punish drinking, and in sentencing.

The defendant is a defendant twice in 2005 and 2007.