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(영문) 서울북부지방법원 2021.02.16 2020고단3345

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 22, 2007, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Eastern District Court.

On July 23, 2020, the Defendant driven B rocketing car around 00:53, and proceeded along one lane among the four-lane roads in front of D elementary schools located in Seoul Special Metropolitan City, Nowon-gu, the Defendant contacted the right side boundary seat before the above elementary school, and opened the said car in front of the above elementary school, and was waiting for the staff of the insurance company for emergency mobilization while waiting for the staff of the insurance company.

The Defendant, from around 01:25 to 01:40 on the same day, driven a drinking alcohol, such as pressing the horses from E slope belonging to the Seoul Nowon-gu Police Station and from the Inspector F, who called out after receiving a report from 112 stating that “a vehicle suspected of driving alcohol was mixed with a mixed driver,” in front of the said elementary school, and making a walk, breading the horses, making a walk off with red strings, and smelling them.

In spite of the fact that there are reasonable grounds to suspect, it is required to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times, but it is not required to conduct the measurement due to the failure to drive.

The term “high” and “non-compliance with a request for alcohol testing.”

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. The defendant's legal statement enforcement records, the statement report on the situation of the driver in charge, investigation report (the circumstances of the driver in charge), inquiry into the results of crackdown on the driving of drinking, and video recording devices (ctv video);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the summary order) by Acts and subordinate statutes;

1. Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, Articles 148-2 (1), and 44-2 (1) and (2) of the same Act, the selection of fines concerning criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the driving of drinking for the reason of provisional payment order.