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(영문) 인천지방법원 부천지원 2015.03.26 2015고단87

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 31, 2014, at approximately 09:47, the Defendant was demanded to comply with the alcohol measurement by inserting the dactical measuring instrument into a drinking measuring instrument over about 20 minutes, on the following grounds: (a) the Defendant had a reasonable ground to recognize that he was driven under the influence of alcohol, such as smelling and smelling on the face, while driving the B low-priced motor vehicle under the influence of drinking, from D in the region where the House C District of the Busan High Police Station was located, while driving the B high-tech motor vehicle under the influence of drinking.

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. Application of the report on the situation of running a motor vehicle under the influence of alcohol, the report on detection of a motor vehicle under the influence of alcohol drivers, the ledger of using a drinking measuring instrument, photographs,

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the selection of fines for the punishment, and the selection of fines;

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

1. On September 27, 2012, the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act committed the instant crime without being aware of the fact that the judgment became final and conclusive and conclusive on October 5, 2012, and is currently under suspension of execution, as he/she was sentenced to imprisonment for one year and six months, due to a violation of the Punishment of Violences, etc. Act (a deadly weapons, etc.) in the Gwangju District Court.

However, in light of the fact that the defendant's mistake and reflects the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the sentence of imprisonment is deemed harsh and the sentence of fine is determined as ordered.