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(영문) 대구지방법원안동지원 2020.08.25 2020고단90

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On November 21, 2019, at around 23:12, the Defendant driven a road at a point of 600 meters away from the right side of the west-gun B, the Happed from “C,” which is located in the Happ-gun B, to the right side of the said vehicle, and there was an accident where the right wheels of the said vehicle was placed on the right side of the road. There was a reasonable ground to recognize that the Defendant was driven while under the influence of alcohol, such as the Defendant’s drinking, drinking, snowing, and walking, by failing to walk properly from the police officer of the Happed to the above accident after receiving the report on the accident, and the Defendant was requested from “C” to voluntarily travel to the Happ-gun, from around 23:5 minutes on the same day to around 0:10 on the following day, but refused it without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the notification of the results of the drinking driving control and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act, which requires a provisional payment order, is a serious crime that ultimately causes difficulties in drinking driving and the prevention of traffic accidents by making it difficult to detect a drunk driving. Therefore, the nature of the crime is not good.

However, in light of the fact that the defendant appears to recognize and reflect his criminal act, the defendant does not have the same criminal record and only one criminal record of a fine of this kind, and the defendant's age, character and behavior, health status, family relationship, means and result of the crime, etc., the punishment shall be determined as ordered by taking into account the various sentencing conditions as shown in the argument of this case, such as the circumstances