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(영문) 서울중앙지방법원 2020.12.10 2020고단5993

도로교통법위반(음주측정거부)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On April 27, 2017, the Defendant was sentenced to a fine of KRW 3 million by the Seoul Southern District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 13, 2020, the Defendant driven a B K9 car on July 23, 2020, driving the front of the Dsung road located in Seocho-gu Seoul Metropolitan Government, in the direction of a three-dimensional distance from the distribution 3-dong community service center, and received the fence of the protective steel system from the new elementary school.

At this time, the police officer did not comply with the drinking test without justifiable grounds, such as rejection of the drinking test on four occasions at around 23:3, 23:38, 23:43, 23:56, and 23:56, on a total of four occasions, on the same day, on the ground that there are reasonable grounds to recognize that the defendant was driven while under the influence of alcohol, such as the influence of alcohol, such as the snick E and sniff, etc., of the Seocho Police Station affiliated with the Seocho Police Station called for the accident site, and on the ground that there is a considerable reason to recognize that he/she was driven in the influence of alcohol.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the situation of a drinking driver, notification on the results of the drinking-driving control, and video data CD;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same type of power) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Fine) which choose the penalty;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is a relatively recent fact that the defendant had a relatively recent history of punishment for a drunk driving, and that he/she again driven a drunk driving, and that he/she refused to take a drunk test by the traffic control police officer even though

However, the fact that the defendant recognized the facts charged and reflects it, this case.