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(영문) 대전지방법원 2020.06.26 2020고단1295

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 January 27, 2020, the Defendant was suspected of drinking and making a 112 report while driving a rash car while drinking alcohol on the front side of Daejeon Jung-gu, Daejeon, Daejeon.

The Defendant, at around 03:00 on the same day, refused to comply with a police officer’s demand for measurement of alcohol without justifiable grounds, even though he was required to comply with a police officer’s demand for measurement of alcohol at about three minutes at intervals of about five minutes in total, for the reason that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as drinking smelling, smelling, singing red on the face of the Daejeon Police Station G District G District G District of Daejeon, which was called out after receiving the above 112 report at the E-Dong parking lot of Daejeon-gu, Daejeon, Daejeon, Daejeon, and making it difficult to recognize that the Defendant was driven under the influence of alcohol, such as

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the police officer to I;

1. Application of the Acts and subordinate statutes governing the handling of reported cases, including the criminal place, the report on the statement of the state of the driver, the circumstantial report of the driver, the internal investigation report, and the 112 report;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of five million won to twenty million won; and

2. Determination of sentence: The instant crime of KRW 10,00,000 was committed on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol and thus refused to take a drinking test even though he was requested by a police officer; the danger and harm of a drunk driving; the seriousness of a danger and harm of a drunk driving; the necessity for a more severe punishment for a crime of refusing to take a drinking test; and the Defendant is driving under the influence of alcohol at the time;

The driver who is obvious to cause a traffic accident and has observed it shall report 112 and the vehicle of the defendant.