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(영문) 인천지방법원 2018.02.21 2017고단9555

도로교통법위반(음주측정거부)

Text

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

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

Reasons

Punishment of the crime

On July 30, 2017, around 02:55, the Defendant driven under the influence of alcohol, such as a fluoral distance, etc., at the front of the Incheon Labor Welfare Corporation of Bupyeong-gu, Incheon, 478 Incheon, with a large amount of drinking and smelling on the road.

Due to reasonable grounds, the police officer C belonging to the Incheon Samsan Police Station B, which received a report 112 and dispatched, requested the police officer C to comply with the measurement of drinking alcohol by inserting rebreath on three occasions from around 03:30 of the same day to 03:45 of the same day, but did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to photographs, control records, 112 Report Processing List, each investigation report (Evidence List 3, No. 8);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense;

1. In light of the fact that the Defendant’s reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, even though the Defendant refuses to take a drinking test, the Defendant’s liability is not exceptionally against the Defendant in light of the content of the crime and the circumstances after the crime, such as denying the drinking by an investigative agency.

However, it is necessary to give the defendant an opportunity to lead a faithful social life in light of these circumstances that the defendant has recognized his mistake in this court, that the defendant has no same history in the past, and only has the history of punishment for a relatively long period of time.

In addition, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., various sentencing conditions as shown in the arguments in this case shall be determined as ordered.