beta
(영문) 인천지방법원 2020.12.23 2020고단9883

도로교통법위반(음주측정거부)

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 02:50 on July 19, 2020, the Defendant: (a) while driving a CMW car in approximately 1km section from the Do adjacent to the Incheon Jung-dong Incheon Metropolitan City, Jung-gu to the front road of the same Gu, the Defendant received a 112 report that a vehicle is driving under drinking, and went against the order to stop the patrol car belonging to the D Zone, which was dispatched, and parked the car in the vicinity of the Defendant’s residence.

Since then, there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol by drinking, such as drinking, drinking, snicking, snicking, snicking, etc., from E, the Defendant did not comply with a police officer’s request for a measurement of drinking on three occasions at around 03:43 of the same day, around 03:49 of the same day, around 04:10 of the same day, and around 04:10 of the same day without justifiable grounds.

Summary of Evidence

1. Defendant’s legal statement

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, the selection of fines for the crime (such as the first offender who has no power on the part of the defendant)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;