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(영문) 수원지방법원 2018.11.21 2018고단5292

도로교통법위반(음주측정거부)

Text

1. Defendant shall be punished by a fine of KRW 7,000,000;

2. If the defendant does not pay the above fine, 70 days.

Reasons

Punishment of the crime

On August 15, 2018, at around 02:50, the Defendant driven a motor vehicle for E-te-te-te-te-te-te-te-te-Wing on the front of the branch of Sungnam-si, Sungnam-si, while drinking, while driving a motor vehicle at the scene of the accident, he/she driven the motor vehicle under the influence of alcohol, such as the Defendant’s face, her police officer belonging to the Fdistrict of the police station of the branch of the branch police station, who called to the scene of the accident by drinking the motor vehicle.

Since 03:30 on the same day, it was demanded to respond to the measurement of drinking at intervals of 5 minutes by inserting the whole in part at intervals of 03:5 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at drinking and notification on the results of drinking drivers;

1. Reporting on the occurrence of a traffic accident and the application of an investigation report (17th page) to statutes;

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. Reasons for the punishment of Articles 70(1) and 69(2)(1) of the Criminal Act (the scope of statutory penalty) of the Act on the Detention in the Nowon-gu Station (the date 1,00,000 won per day) [the scope of statutory penalty] imprisonment with prison labor for not less than one year but not more than three years, or a fine of not less than 5 million won and not more than 10 million won (the sentence decision] unfavorable circumstances: the Defendant, even though he had a record of punishment for driving under the influence of alcohol during the year 2014, causes physical accidents while driving under the influence of alcohol and causes poor quality by refusing a police officer’s legitimate demand for the measurement of drinking alcohol: A defendant shows an attitude to seriously reflect on his intention; and he would not drive under the influence of alcohol again by transferring his vehicle.

It seems clear that social ties, such as the fact that there is a reason, there is no history of punishment exceeding a fine, and the fact that family members and branch members want the defendant's wife.