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(영문) 인천지방법원 2020.07.22 2020고단2966

도로교통법위반(음주측정거부)

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Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On July 24, 2009, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act from the Incheon District Court on July 24, 2009, and a summary order of KRW 3 million as a fine in the same court on November 3, 201.

On February 18, 2020, the Defendant: (a) while driving a motor vehicle with B investment vehicle in front of the heading station located in Gyeyang-gu, Goyang-gu, Goyang-gu, 695-1, which was in front of the 695-1, in the vicinity of the C District Guard D, Police Officer, and F, the Defendant divided the Defendant’s horse from the C District Guard D, E, and F, the Defendant’s walk, and the walking state is unslided; and (b) there are reasonable grounds to recognize that the Defendant driven the motor vehicle while under the influence of alcohol, such as the fluening of the face, around 19:56, around 19:56, around 20:09; (c) around 20:20; and (d) around 20:30; and (c) around 20:30, the Defendant was requested to comply with the drinking measurement by inserting the drinking measuring method, and failed to comply with a police officer’s demand for drinking measurement without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records of judgment: Criminal records, investigation reports, and application of statutes attached thereto;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice 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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the defendant driven a motor vehicle in a state of drinking although he had a history of being punished several times due to drinking driving, and did not comply with the police's request for a measurement of drinking alcohol even though he

However, considering that it appears to reflect one's own mistake as an favorable factor, other factors such as the defendant's age, records of crime, occupation, etc., and the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, records, and occupation, shall be determined as ordered.