beta
(영문) 수원지방법원 2020.08.21 2020고단2545

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a BM3 car.

Around 22:30 on February 17, 2020, the Defendant was driving the said car, and turned the said car into the Eth page from D to E on February 17, 2020, and the lower part of the Fbenz’s left side of the said car stopped in PM3 on the left side of the said SM3 car.

At this time, the defendant was requested to take a drinking test by inserting a drinking measuring instrument in a manner that makes it difficult for him/her to drive under the influence of alcohol in his/her entrance from the head of the Suwon Police Station G District G District G District H, which was dispatched after receiving a report, the defendant refused the first drinking test at around 22:46 the same day, and repeated the phrase "the arrest of the match" at around 22:51 on the same day, and refused the second drinking test at around 22:51 on the same day, and the second drinking test at around 3rd."

As a result, the Defendant did not comply with a police officer's drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on actual condition, report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification on the control of drinking driving, and report on the occurrence of a traffic accident;

1. Application of Acts and subordinate statutes concerning field photographs, site photographs, photographs of accident site pictures, photographs of which measurement is refused, and CCTV images photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act that choose the punishment, and the choice of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the crime of refusing to measure alcohol in this case was clearly refused to take a drinking test by a police officer without any special reason even though the police officer was driven under influence, and the crime is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognizes the crime of this case and that the defendant has no record of punishment for the same crime.