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(영문) 인천지방법원 2018.11.21 2018고단7295

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On September 23, 2018, at around 00:30 on September 23, 2018, the Defendant found that the Defendant, while drinking alcohol on the front side of the building B in Bupyeong-gu Incheon, would drive CI40 automobiles, was under the influence of drinking on the front side, and stopped approximately 400 meters on the front side of the Incheon Bupyeong-gu D Office, and stopped on the front side, and thereafter, the Defendant was driven while under the influence of alcohol, such as drinking alcohol and drinking on the face, from E, from the position of the Incheon Samsan Police Station, which was under the influence of the Defendant.

There are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 않았다.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (1) 2 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is a case where the defendant did not respond to a police officer's request for measurement of drinking without any justifiable reason, and thus, the crime of this case is not weak, and the defendant has a record of being fined once due to drinking driving, and the defendant had been arrested as an offender in the act of committing a crime under the control of drinking at the time of this case, and the driving of drinking is highly dangerous to harm the life, body, etc. of a person with high risk, and thus, it is disadvantageous to the defendant.

On the other hand, the defendant's recognition of the crime of this case and reflects the mistake, and the previous records of the same kind are around 2006, and it is a drinking driving for the last ten years.