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(영문) 인천지방법원 2020.12.09 2020고단8916

도로교통법위반(음주측정거부)등

Text

A defendant shall be punished by imprisonment for not less than eight months and a fine not exceeding 200,000 won.

If the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act (AFS) (AF) is a person who drives B Cost Star Car.

On August 31, 2020, at around 20:35, the Defendant: (a) driven the said car on the front side of D in Seo-gu Incheon, Seo-gu, Incheon, and was parked in the public parking lot, and (b) received the Fone Starsch Rexn part of F. E owned by the victim E, which was parked in the public parking lot, behind the Defendant’s vehicle left side, and then received the Defendant’s vehicle back to the front side of the vehicle; (c) again, the part behind H 2 car parked in the front side of the vehicle, which was parked in the front line during the direct driving of the vehicle, was moved into the Defendant’s front part of the vehicle, and damaged each car owned by the said victims to cover repair costs, and did not provide the Defendant with

2. On August 31, 2020, at around 23:39, the Defendant violated the Road Traffic Act (recognition refusal) and received a report of 112 from a witness who had tested the above scene of the accident, and was demanded to comply with the measurement of alcohol by inserting the breath in a breath method because there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the breath of the I Team of the Western Police Station, who called on the site after receiving a report of 112 of the witness who appeared on the scene.

그럼에도 불구하고 피고인은 2020. 8. 31. 23:53경, 2020. 9. 1. 00:00경, 2020. 9. 1. 00:11경 3회에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Summary of Evidence

1. Application of Acts and subordinate statutes to the investigation report on the K’s legal statement by the defendant (as against the denial of sound driving), the occurrence of a traffic accident, the records of the accident, photographs of the scene of the accident, the actual condition investigation report, and the circumstantial statement of the driver by the owner;

1. Article 156 subparagraph 10 of the Road Traffic Act and Article 54 (1) 2 of the Road Traffic Act (the provision of personal information after destruction and damage, the selection of fines, and the provision of personal information) concerning the crime;