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(영문) 대전지방법원 2015.06.10 2015고정528

도로교통법위반(음주측정거부)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If 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 of B Costaex truck.

On January 18, 2015, at around 01:20, the Defendant was required to respond to the measurement of alcohol by inserting alcohol in front of the D Building in Daejeon-gu, Daejeon-gu, by inserting alcohol on the front of the D Building, and receiving a report of driving the said vehicle while drinking, from the head of the border belonging to the traffic accident investigation department of the Daejeon District Police Station, the Defendant was in the direction of the Daejeon Central Police Station, who called out and called for, the Defendant: (a) there is considerable reason to recognize that the Defendant driven the said vehicle while under the influence of alcohol, such as a climatic distance, etc.; (b) from around 01:48 to 02:08 of the same day, the Defendant was required to comply with the measurement of alcohol by inserting alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. An accident site photograph;

1. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, which choose the penalty for the crime;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of the applicable sentencing] of the sentence of a fine of not less than five million won and not more than ten million won (the decision of the sentence): The circumstances that confession and reflect the favorable circumstances: the person under the influence of alcohol seems to have caused an accident by driving while under the influence of alcohol; the fact that there is a criminal experience, such as drunk driving and driving without a license; the defendant's age, occupation and environment; the background and contents of the instant crime; and the circumstances after the instant crime, etc., are considered as the sentencing conditions stipulated in Article 51 of the Criminal Act.