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(영문) 서울동부지방법원 2021.02.16 2020고정588

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

around 01:34 on April 22, 2020, the Defendant: (a) driven a Dworket car in front of the “C main shop” located in Songpa-gu Seoul Metropolitan Government, and stopped on the road before the “F convenience store” located in the same Gu E; and (b) driven a motor vehicle under the influence of alcohol, such as a slope H, a light-line, and a light-line, in which he was dispatched upon receiving a report at around 02:30 on the same day, he was driving the motor vehicle while driving the motor vehicle under the influence of alcohol, while driving the motor vehicle in front of the “F convenience store” located in the same Gu E.

인 정할 만한 상당한 이유가 있어 같은 날 02:40 경부터 03:10 경까지 4회에 걸쳐 음주 측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도, 음주 측정기에 입을 대지 않거나 숨을 내쉬는 시늉만 함으로써 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Each investigation report (Evidence No. 12,23) on each of the police interrogation reports (Evidence List No. 4, and No. 8) on witness H, J, and K’s testimony to the accused at each court room, each of the police interrogation records on the witness H, J, and K’s testimony, each CD (Evidence List No. 12,23 of the Prosecutor’s Evidence) [the accused and the defense counsel are merely one time to measure the Defendant’s drinking level, and the Defendant did not refuse the police officer’s drinking level measurement. However, according to the evidence produced at the time of the instant case including video (Evidence No. 23 of the Prosecutor’s Evidence List No. 23), the fact that the Defendant was requested to respond to the alcohol level measurement at the time of the instant case, and the fact that the Defendant failed to comply with the above verification is sufficiently recognized. The Defendant and the defense counsel’s assertion cannot be accepted since the witness’s testimony and the materials submitted by the Defendant do not interfere with the aforementioned recognition.]

1. Criminal facts;